AGG Talks: Background Screening - What is FCRA Preemption, and Why Should You Care?
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Law School Toolbox Podcast Episode 298: Listen and Learn -- The Dormant Commerce Clause
SCOTUS Watch: The ACA and Key Health Law Areas Justice Barrett Could Impact - Diagnosing Health Care Podcast
Bar Exam Toolbox Podcast Episode 108: Listen and Learn -- The Commerce Clause
Podcast: South Dakota v. Wayfair
While the cannabis industry is closely following the recently published notice of proposed rulemaking from the Department of Justice (“DOJ”) and the Drug Enforcement Administration (“DEA”), which will move cannabis from a...more
One of the most interesting aspects of marijuana law and policy in the U.S. is its tendency to strike at our most foundational democratic principles. In 2005, the U.S. Supreme Court held, in Gonzales v. Raich, that Congress...more
Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the same time, the SAFER...more
The test for personal jurisdiction, which asks whether a defendant can be compelled to litigate in a particular state, has been extensively developed over the past several decades, and notably refined in the last fifteen...more
On June 27, 2023, the United States Supreme Court held in Mallory v. Norfolk Southern R. Co., No. 21-1168, 2023 WL 4187749, that Norfolk Southern submitted to the state of Pennsylvania’s general jurisdiction (that is, being...more
The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate commerce, and the dormant...more
With the Justices largely in agreement across the board, the Court today issued five opinions. One of them provides a usefully definitive view of the limited nature of the so-called “dormant Commerce Clause.” Two of them are...more
On May 11, 2023, the Supreme Court of the United States issued a decision in National Pork Producers, et al. v. Ross, et al., No. 21-468, holding that a California law forbidding in-state sale of pork produced from animals...more
In a recent press release, the Pennsylvania Attorney General announced that settlements have been reached with Delaware and Florida lenders who made allegedly usurious loans to Pennsylvania residents. In apparent support of...more
This week, the U.S. Supreme Court heard oral arguments in National Pork Producers Council v. Ross (Docket No. 21-468). The case involves a challenge to 2018 proposition that, among other things, forbids the sale of "any...more
On May 6, 2022, a panel of three judges in the Court of Appeals for the Ninth Circuit considered a challenge to California’s ban on foie gras. The law has been heavily litigated for nine years, including three sets of appeals...more
The U.S. Supreme Court decision in South Dakota v. Wayfair, Inc. 138 S. Ct. 2080 (2018) upended how businesses think about state tax compliance. In Wayfair, the Court upheld a South Dakota sales tax law that taxed...more
On Monday, March 28, 2022, the U.S. Supreme Court agreed to hear industry’s challenge to California’s Proposition 12, a law restricting certain confinement practices in industrial animal agriculture. The case, styled National...more
The Alabama Tax Tribunal held the taxpayers’ wholesale sales of fuel that entered and exited the state via the Colonial Pipeline were subject to the state’s wholesale oil license fee. The sales in question were made to...more
Two organizations, the Washington Bankers Association and American Bankers Association (collectively, the “Associations”), are urging the U.S. Supreme Court to review the constitutionality of Washington’s business and...more
Regardless of one’s politics or position on COVID-19 vaccine mandates, “Vexatious” is a word that also can be used to describe the situation with OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)....more
In this episode - an update to episode 98 - Matt Hunsaker explains the Washington Supreme Court's decision in Washington Bankers Association v. Wa. Department of Revenue, in which the court concluded that a tax designed to...more
Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: In the late 1990s, Csaba Truckai invented and patented a device to treat abnormal uterine bleeding. Truckai assigned his interest to his company, Novacept, which in turn...more
Welcome back to the Law School Toolbox podcast! In today's episode from our "Listen and Learn" series, we're focusing on the Dormant Commerce Clause, also known as the Negative Commerce Clause. We previously discussed the...more
On May 5, 2021, the United States District Court for the District of Columbia (“DC Court”) vacated a nationwide eviction moratorium order issued by the Centers for Disease Control (“CDC”) to help mitigate the spread of...more
On February 27, 2021, the Centers for Disease Control and Prevention (the “CDC”), the United States Department of Health and Human Services (the “HHS”), and the United States of America (collectively the “Government”)...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. "Win-Time"...more
The Sixth Circuit Court of Appeals later this year will hear oral arguments in an important case deciding whether a lower federal court correctly enjoined the Kentucky Attorney General from applying the State’s price gouging...more
The Situation: This summer, autonomous vehicle ("AV") stakeholders announced pilot programs for AV transport and shipping routes in Michigan and the Southeast. The Challenge: Although states like Michigan are embracing AV...more
California’s recent ban on the importation and sale of alligator products in the state has faced significant legal pushback from retailers and wholesalers of alligator products, the federal government, and others, and has...more