News & Analysis as of

Dormant Commerce Clause

Saiber LLC

NJ Temporary Workers Bill of Rights Upheld in 3rd Circuit

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In 2023, we reported on the enactment of the Temporary Workers’ Bill of Rights (the “Act”) and subsequent regulations by the New Jersey Department of Labor (“DOL”)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Circuit Refuses to Block New Jersey Temporary Workers Bill of Rights Law

On July 24, 2024, the U.S. Court of Appeals for the Third Circuit declined to block a New Jersey law aimed at equalizing the pay of temporary workers with that of direct employees....more

International Cannabis Bar Association...

[Event] Cannabis Law Institute 2024 - July 25th - 26th, Chicago, IL

The International Cannabis Bar Association (INCBA) is thrilled to announce the highly anticipated Cannabis Law Institute 2024 (CLI 2024), the marquee conference dedicated to advancing legal excellence in the rapidly evolving...more

Harris Beach PLLC

Does Rescheduling Cannabis Make it Eligible for Interstate Commerce?

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Even with the expected rescheduling of cannabis from a Schedule I drug to a Schedule III drug, it will take more for it to be eligible for interstate commerce. Marijuana would remain subject to provisions of the Food,...more

Foley Hoag LLP - Cannabis and the Law

New Lawsuit Challenges Maryland Cannabis Administration’s Social Equity Program Under ‘Dormant Commerce Clause,’ Seeks Injunction...

According to a Complaint filed on January 26, 2024, in the United States District Court for the District of Maryland, Maryland's adult-use cannabis licensing program, which is currently limited to applicants who qualified for...more

Mintz

Chamber of Commerce Sues California Over Climate Disclosure Rules

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The U.S. Chamber of Commerce, in combination with a number of other organized business interests, recently filed a lawsuit in federal court seeking to invalidate two of the climate disclosure laws enacted by California last...more

Mayer Brown

Lawsuit Challenges Recent California Climate Disclosure Laws

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As discussed in our earlier Client Alerts, California recently passed several laws requiring certain climate-related corporate disclosures, including, for example, regarding emissions and climate-related financial risk. As...more

Cooley LLP

The Chamber sues California over climate legislation

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You remember California’s climate legislation signed into law just last year—Senate Bill 253, the Climate Corporate Data Accountability Act, and Senate Bill 261, Greenhouse gases: climate-related financial risk? (See this...more

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

Proskauer - Labor Relations Update

Tell Me Why with a Side of Fries: Second Circuit Rules Fast Food Employers Must Comply with New York Notice of Discharge...

On January 5, 2024, the U.S. Court of Appeals for the Second Circuit, in Rest. Law Center, New York State Rest. Ass’n v. City of New York, et al., No. 22-491 (2nd Cir. 2024), held that a New York law protecting workers in the...more

Venable LLP

Natural Products Association Challenges New York Law Prohibiting the Sale of Over-the-Counter Diet Pills and Certain Dietary...

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This week, the Natural Products Association (NPA) filed a lawsuit against New York State challenging the constitutionality of a new state law prohibiting the sale of over-the-counter diet pills and dietary supplements for...more

Lathrop GPM

Washington Federal Court Denies Motion to Dismiss Out-of-State Distillers Constitutional Challenge to Washington’s Distillery...

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A federal court in Washington denied the State of Washington’s motion to dismiss an out-of-state distiller’s constitutional challenge to Washington’s distillery regulatory scheme. Shady Knoll Orchards & Distillery LLC v....more

Troutman Pepper

Federal Judge Says Virginia Did Not Overstep Its Authority in Regulating Intoxicating Hemp Products

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On October 30, Virginia’s hemp industry suffered an early defeat in its effort to overturn Virginia SB 903, a law that imposed stricter limitations on hemp products than what is currently required under federal law....more

Whitcomb Selinsky, PC

Should Digital Firearms Information Be Considered Protected Speech

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DEFENSE DISTRIBUTED V PLATKIN - Defense Distributed and the Second Amendment Foundation brought a lawsuit against New Jersey Attorney General Matthew J. Platkin, claiming that a law prohibiting the distribution of digital...more

Ervin Cohen & Jessup LLP

­California Opens its Doors to Commerce by Voiding Out-Of-State Non-Compete Agreements

You may have heard the half-serious joke that California acts as its own independent country. One example of this is California’s strong disfavor of non-compete agreements, which stands in contrast with the rest of the...more

Cozen O'Connor

AGs Tell Congress that EATS Act Ruins their Appetite

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A group of 16 Democratic AGs wrote a letter to Congressional leaders opposing the passage of the Ending Agricultural Trade Suppression (EATS) Act, which restricts state and local governments abilities to set agricultural...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...

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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

Troutman Pepper

New York State Court Enjoins Licensing of Adult-Use Cannabis Dispensaries Statewide Amid Retail Cannabis Regulation Disputes

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On August 18, 2023, a New York Supreme Court judge has enjoined New York cannabis regulators from further processing, approving, or investigating any new or pending applications for a state conditional adult-use retail...more

Cooley LLP

Is California going to set the gold standard on climate disclosure?

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Are you fretting about when (or if) the SEC is going to take action on its climate disclosure proposal and what exactly the SEC has in store for public companies in its final regulations? Consider this: California might just...more

Benesch

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

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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

Fox Rothschild LLP

Court Concludes that “Good Cause” for Termination Includes More than Items Listed in Statute

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On May 11, 2023, the federal district court in Rapid City, South Dakota, concluded that the South Dakota motor vehicle dealer law did not provide an exclusive list of “good cause” franchise terminations. Eddie’s Truck...more

Harris Beach PLLC

New York Cannabis Retail Licenses Once Again Blocked by Courts

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New York Supreme Court Justice Kevin Bryant issued a temporary restraining order blocking new marijuana retail licenses in the wake of a lawsuit filed by a group of service-disabled veterans. The temporary restraining...more

Venable LLP

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

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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

BCLP

California’s Expansive New Children’s Online Privacy Law Faces First Amendment Challenge

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The protection of children's online privacy has emerged as one of the most important data privacy issues in the United States. With the existing U.S. framework for protecting children's online privacy widely criticized as...more

Perkins Coie

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

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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

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