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Dormant Commerce Clause Commerce Clause

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

Troutman Pepper

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

Troutman Pepper on

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

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

Beveridge & Diamond PC

Supreme Court Narrows Dormant Commerce Clause Protections Against Regulation of Business in Decision Affirming California Pork Law

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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

Epstein Becker & Green

A Calm and Prolific Day at the Court, and a Better Day for Criminal Defendants Than for the Second Circuit – SCOTUS Today

Epstein Becker & Green on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides National Pork Producers, et al. v. Ross et al.

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

Perkins Coie

Amazon and Microsoft Win Summary Judgment in Illinois BIPA Lawsuits Based on Extraterritoriality

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After more than two years of litigation, Amazon and Microsoft won summary judgment in two class action lawsuits asserting violations of the Illinois Biometric Information Privacy Act (BIPA): Vance v. Amazon.com, Inc., Case...more

Ballard Spahr LLP

“Dormant Commerce Clause” case law continues to evolve

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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

Allen Matkins

If California's Pork Law Falls, Will Section 2115 Be Next?

Allen Matkins on

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

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

Bracewell LLP

Fifth Circuit Condemns Texas Transmission ROFR Law on Constitutional Grounds

Bracewell LLP on

On August 30, 2022, the Fifth Circuit issued an opinion condemning a far-reaching Texas law on electric transmission right-of-first-refusal (“ROFR”). The decision concerns a 2019 Texas law that restricted the ability to...more

Ervin Cohen & Jessup LLP

Ninth Circuit Panel Upholds Foie Gras Ban in 2-1 Panel Decision

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

Kelley Drye & Warren LLP

Supreme Court’s Review of California’s Proposition 12 Could Have Implications for State Climate, Energy, and Public Health...

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

Law School Toolbox

Law School Toolbox Podcast Episode 298: Listen and Learn -- The Dormant Commerce Clause

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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

Bilzin Sumberg

Revived Legislative Bill Adds New York to Growing Number of States Seeking to Tax Big Tech’s Digital Advertising and Sales of...

Bilzin Sumberg on

In 2017, Saadia Madsbjerg, Managing Director of the Rockefeller Foundation, reflected on the billions of dollars in economic value generated each year from corporations buying and selling consumer personal data, and posited...more

McDermott Will & Emery

Examining Lebamoff Enterprises v. Whitmer

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The US Court of Appeals for the Sixth Circuit’s recent decision in Lebamoff Enterprises v. Whitmer upheld Michigan laws permitting direct-to-consumer shipping by in-state alcohol beverage retailers but prohibiting such...more

Benesch

InterConnect FLASH! No 76 - Federal Court Temporarily Enjoins Enforcement of AB5 Against California Motor Carriers

Benesch on

Champagne bottles popped earlier than expected on New Year’s Eve when Judge Roger T. Benitez of the United States District Court for the Southern District of California granted a temporary restraining order prohibiting the...more

McDermott Will & Emery

District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws

On Friday, March 29, the US District Court for the Eastern District of Missouri handed down its decision in Sarasota Wine Market v. Parson, No. 4:17CV2792. The decision upholds Missouri’s laws permitting in-state retailers to...more

Sullivan & Worcester

Au Revoir, Droit de Suite—9th Circuit Narrows California Resale Royalty Act to a Single Year’s Sales

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The idea of moral rights continues to be a notable difference between European and American intellectual property rights with respect to visual arts. Last week’s decision by the U.S. Court of Appeals for the 9th Circuit in a...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Upholds Preliminary Injury in Dormant Commerce Clause Ruling on Waste Management Enforcement in California

On May 2, the U.S. Court of Appeals for the Ninth Circuit decided the case of Daniels Sharpsmart, Inc. v. Smith, Director of the California Department of Public Health....more

Pillsbury - Gravel2Gavel Construction & Real...

Second Circuit Addresses Commerce Clause/Dormant Commerce Clause

Legal arguments that the laws a state enacts which take into consideration the interests of its own citizens unfairly impede the free flow of interstate commerce are difficult to win, as demonstrated by two recent U.S. Court...more

Butler Snow LLP

Mississippi Supreme Court Finally Disconnects The Line On Dividend Exclusion Statute In The AT&T Case

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In a previous article, we summarized AT&T’s 16-year effort, in two separate lawsuits, to have declared unconstitutional two Mississippi income tax statutes on the alleged basis that they placed a greater tax burden on AT&T...more

Goodwin

Financial Services Weekly News - July 2016 #4

Goodwin on

Editor's Note - What Exactly Is Bitcoin? In a case featuring a sting operation beginning with meetings in a coffee shop, ice cream store and hotel lobby and ending with the sale of bitcoins to an undercover Miami Beach...more

McDermott Will & Emery

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

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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

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