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Dormant Commerce Clause Due Process

Epstein Becker & Green

Telehealth’s Roadblock: The Issue with State Licensure Requirements

Use of telehealth services has surged since the COVID-19 pandemic; however, this increase in use does not come without limitations. Telehealth providers are subject to regulations, which differ by state, that govern various...more

Bricker Graydon LLP

U.S. Supreme Court Decides That Companies May Be Deemed to Have Consented to General Personal Jurisdiction in States Where They...

Bricker Graydon LLP on

In a case issued on June 27, 2023, a divided Supreme Court decided another important personal jurisdiction case – Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749. The principal issue was whether a foreign corporation...more

Benesch

Supreme Court Expands General Jurisdiction in Mallory v. Norfolk Southern Railway Co., Marking Departure from “At Home”...

Benesch on

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

Venable LLP

When International Shoe Doesn't Fit: Personal Jurisdiction After Mallory v. Norfolk Southern

Venable LLP on

Every first-year law student learns two ways that a court can have jurisdiction over a corporate defendant. If the defendant has "minimum contacts" with a state, and the plaintiff's injuries arise out of those contacts, then...more

Perkins Coie

Personal Jurisdiction and Foreign Corporation Registration Statutes: A Purple Haze, but the Sky Is Not Falling

Perkins Coie on

The U.S. Supreme Court has held—by a 5-4 margin—that it did not violate due process for a Pennsylvania court to exercise jurisdiction over an asbestos case with no connection to Pennsylvania because of a unique Pennsylvania...more

Lathrop GPM

Tax Court Confirms Constitutionality of Minnesota Estate Tax

Lathrop GPM on

On December 12, 2022, the Minnesota Tax Court released an opinion in Estate of Anderson v. Commissioner of Revenue addressing the constitutionality of Minnesota’s estate tax structure as applied to an estate that consisted...more

Morrison & Foerster LLP

Cost Of Doing Business? Supreme Court Scrutinizes Constitutionality Of Requiring Companies To Consent To General Personal...

In an important case that could blow the doors open on personal jurisdiction so that corporations can be subject to suit anywhere they do business, the Supreme Court heard oral argument on Tuesday. In Mallory v. Norfolk...more

Venable LLP

FTSA Dismissal Decisions Update: One Win, One New Loss

Venable LLP on

​​​​​​​Last week, courts issued two new Florida Telephone Solicitation Act (FTSA) decisions. We’ve been covering the sprawl of FTSA cases filed since the statute was amended to allow for a private cause of action in July...more

Robins Kaplan LLP

Association for Accessible Medicines v. Bonta

Robins Kaplan LLP on

Case Name: Association for Accessible Medicines v. Bonta, Civ. No. 2:20-cv-01708-TLN-DB, 2021 WL 5853431 (E.D. Ca. Dec. 9, 2021) (Nunley, J.) - Drug Product and Patent(s)-in-Suit: N/A - Nature of Case and Issue(s) Presented:...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Construction and Demolition Debris/Flow Control: Federal Court Addresses Challenge to King County, Washington Ordinance

A United States District Court (W.D. Washington) (“Court”) addressed in a January 14th Order a challenge to certain provisions of a solid waste flow control ordinance (“Ordinance”). See Skycorp LTD v. King County, 2021 WL...more

WilmerHale

Unprecedented State Law on Pharmaceutical “Reverse Payments” Goes Into Effect

WilmerHale on

A new California law, Preserving Access to Affordable Drugs, AB-824 (the Act), which is aimed at curbing reverse-payment patent settlements, took effect on January 1. The Act codifies a presumption that any transfer of value...more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

Holland & Knight LLP on

Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Rosenberg Martin Greenberg LLP

What to Know About Wayfair and Its Impact on Maryland Sales Tax Audits

Earlier this year, the Supreme Court decided on the much-anticipated case of South Dakota v. Wayfair, 585 U.S. ___, 138 S.Ct. 2080 (2018). At issue was the validity of a statute applying sales tax to internet retailers that...more

McDermott Will & Emery

Washington ALJ Upholds B&O Assessment on German Company’s Royalty Income

McDermott Will & Emery on

On May 31, 2016, the Washington Department of Revenue (DOR) Appeals Division released a Determination (No. 15-0251, 35 WTD 230) denying a German pharmaceutical company’s business and occupation tax (B&O) protest. The...more

Williams Mullen

Virginia’s Certificate of Public Need Law is Here to Stay (For Now)

Williams Mullen on

Virginia’s Certificate of Public Need (“COPN”) law has been the subject of considerable debate in the General Assembly, in the media, and in federal court. At least for now, the discussion at the judicial level has ended,...more

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