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Contracts Clause Retroactive Application

Robins Kaplan LLP

Proposed COVID-19 Legislation Thrusts Contract Clause’s Original Purpose Into Spotlight

Robins Kaplan LLP on

Until fairly recently, the U.S. Constitution’s Contract Clause had fallen into relative obscurity.  Proposed legislation concerning insurance coverage for the COVID-19 pandemic figures to place this provision of the U.S....more

Seyfarth Shaw LLP

Challenge to North Dakota Farm Equipment Dealer Statute May Give New Life to Contract Clause Arguments by Manufacturers

Seyfarth Shaw LLP on

Article I, Section 10, Clause 1 of the United States Constitution provides that “[n]o state shall . . . pass any . . . Law Impairing the Obligation of Contracts . . . .” On August 2, 2019, a panel of the US Court of Appeals...more

Seyfarth Shaw LLP

Retroactivity Provision in Washington State’s New Law Limiting Non-Competes May Face Court Challenges

Seyfarth Shaw LLP on

This is the third blog by our Trade Secrets , Computer Fraud & Non-Competes team dealing with Washington state’s House Bill 1450, which dramatically alters non-compete agreements within the state. This blog discusses...more

Nossaman LLP

US Supreme Court Applies Long-Standing Contracts Clause Analysis To Uphold Statutory Change To Insurance Contracts

Nossaman LLP on

The United States Constitution provides that “[n]o state shall … pass any … Law impairing the Obligation of Contracts.” (U.S. Constit., Art. I, § 10.) Alongside state constitutional guarantees, the federal Contracts Clause...more

Robinson+Cole Class Actions Insider

Sveen v. Melin: Supreme Court Speaks On the Contracts Clause

After a decades-long drought, the Supreme Court recently decided a case involving the Contracts Clause of the Constitution. You might not recall that provision because it is so rarely invoked in modern-day litigation (due to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sveen v. Melin

On June 11, 2018, the Supreme Court of the United States decided Sveen v. Melin, No. 16-1432, holding that the retroactive application of a Minnesota statute that revokes spousal beneficiary designations in insurance policies...more

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