News & Analysis as of

Constitutional Challenges Dormant Commerce Clause Supreme Court of the United States

Shook, Hardy & Bacon L.L.P.

Proposition 12 in the Crosshairs—Again: With Cert Denied in IPPA and a New Federal Lawsuit Filed, the Legal Battle Continues

It has been just over a year since the U.S. Supreme Court rebuffed a challenge to California’s controversial Proposition 12, which prohibits the sale of certain meat products within the state unless the animals were raised...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

Beveridge & Diamond PC

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

Beveridge & Diamond PC on

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

Hogan Lovells

U.S. Supreme Court upholds California’s Proposition 12 law regarding animal welfare

Hogan Lovells on

The Supreme Court issued a decision on May 11, 2023, upholding California’s Proposition 12 against a challenge under the U.S. Constitution’s Dormant Commerce Clause. Proposition 12 is a ballot initiative passed by the state’s...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

Ervin Cohen & Jessup LLP

SCOTUS Will Hear Challenge to California’s Farm Confinement Law

On March 28, 2022, the Supreme Court of the United States granted a petition for a writ of certiorari in the case of National Pork Producers, et. al. v. Karen Ross, 21-468.   The order means that the Supreme Court will...more

Latham & Watkins LLP

Supreme Court Won’t Hear Challenge to Oregon’s LCFS Program

Latham & Watkins LLP on

High Court’s action clears pathway for low-carbon fuel standard programs. On May 13, 2019, the US Supreme Court denied certiorari in American Fuel & Petrochemical Manufacturers (AFPM), et al., v. O’Keeffe, et al...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

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide