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Butler Weihmuller Katz Craig LLP

And You Are Not Done; The Future Of Products Liability Claims Against Amazon Still Uncertain

This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a seller for products sold by third parties on its website. The issue however...more

Ballard Spahr LLP

Parties in case challenging constitutionality of NY “no credit card surcharge” law jointly seek dismissal of complaint and appeal

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The NY Attorney General and the plaintiffs in Expressions Hair Design v. Schneiderman have filed a joint motion with the U.S. Court of Appeals for the Second Circuit asking the court to vacate the district court’s final...more

Ballard Spahr LLP

NY Court of Appeals issues interpretation of NY “no credit card surcharge” law

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The New York Court of Appeals has issued an opinion in Expressions Hair Design v. Schneiderman interpreting the state’s law that prohibits merchants from imposing a surcharge on credit card purchases (Section 518 of the...more

Ballard Spahr LLP

Ninth Circuit Rules California "No Credit Card Surcharge" Law Violates First Amendment

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A California law that prohibits merchants from imposing a surcharge on credit card purchases violates the First Amendment of the U.S. Constitution, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has...more

Perkins Coie

Voter-Approved Initiative To Limit Large Developments And Chain Stores Exceeded Initiative Power

Perkins Coie on

In a case that illustrates the limits of use of voter-approved initiatives to limit development, the court of appeal invalidated an initiative passed by voters in the City of Malibu that sought to limit large developments and...more

Perkins Coie

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

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A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

Holland & Knight LLP

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

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The Illinois Appellate Court has found unconstitutional a provision of the Illinois Liquor Control Act (Liquor Act) that authorizes unlimited inspection of liquor retailers' premises by local officials. The court ruled that...more

Proskauer - Advertising Law

California Court Issues Surprising Decision in Discount Advertising Case

On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled...more

Butler Weihmuller Katz Craig LLP

Trial Court Slips And Falls In Granting Motion For New Trial

On October 21, 2016, Florida’s Second DCA issued a decision in a slip-and-fall case against Wal-Mart that found the trial court erred when it set aside the jury verdict and granted Plaintiff’s motion for new trial on the...more

Ballard Spahr LLP

Second Circuit Rejects Constitutional Challenge to New York “No Credit Card Surcharge” Law

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A New York state law that prohibits merchants from imposing a surcharge on credit card purchases does not violate the First Amendment or the Due Process Clause, the U.S. Court of Appeals for the Second Circuit recently ruled....more

Sheppard Mullin Richter & Hampton LLP

Cross Subsidization For Purpose Of Enhanced Grocery Sales Through Alleged Below Cost Gasoline Discounts Found Not To Violate...

Injury to competing retail fuel stations is non-actionable where market conditions demonstrate that an “incipient antitrust violation” is not imminent. Dixon Gas Club LLC v. Safeway Inc., Case No. A139283 (Court of Appeal 1st...more

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