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Retail Market Appeals

Troutman Pepper Locke

Are State ENDS Directories Preempted? Federal Courts Are Split

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Over the past two years, at least 15 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product applications (PMTAs) in...more

Troutman Pepper Locke

Indian Tribe Fights With ATF Over Applicability of PACT Act to Its Cigarette Sales

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In 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) placed Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms), a federally recognized Indian tribe that sells cigarettes on sovereign reservations...more

Troutman Pepper Locke

Sam’s Club Eyeing Appeal of Hefty Local Tobacco Tax Assessment

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In June, the Appellate Court of Illinois upheld an assessment of over $314 million against Sam’s Club for unpaid county cigarette excise taxes, including a 10% late fee, a 25% penalty, and accrued interest. The assessment...more

Kohrman Jackson & Krantz LLP

Amazon’s “Buy Box” Legally Boxes Out the Competition

On March 20, 2025, the Ninth Circuit Court of Appeals affirmed a district court’s order to dismiss a consumer antitrust lawsuit filed against Amazon. In the lawsuit styled Hogan v. Amazon.com, Inc., the consumer-plaintiffs...more

Seyfarth Shaw LLP

The Week in Weed: January 2025 # 3

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we give you an update on the DEA re-scheduling hearing. ...more

Troutman Pepper Locke

Two U.S. Courts of Appeals to Consider Federal Preemption of Local Flavor Bans

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Plaintiffs have appealed to the Eighth and Ninth Circuits, challenging flavored tobacco bans in Los Angeles County, California, and the City of Edina, Minnesota. The cases could have implications for similar laws in other...more

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

Seyfarth Shaw LLP

A Little Knowledge Is a Dangerous Thing: Beware the Statute of Limitations in Trade Secrets Misappropriation Cases

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Seyfarth Synopsis: Knowledge that a competitor or former employee is misappropriating trade secrets is difficult to come by. At the same time, however, once a company has notice that misappropriation may be occurring, the...more

Hogan Lovells

International Products Law Review 2019: Issue 75

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We are excited to bring you the latest issue of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore the trustworthiness of AI, a consumer whistleblowing...more

Morgan Lewis

First Circuit to Consider FERC Filed Rate Doctrine Implications on Retail Energy Prices

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Currently at issue before the US Court of Appeals for the First Circuit is whether the filed rate doctrine prevents a court from assessing the reasonableness of a utility’s rates in the retail market. Under the filed rate...more

Butler Weihmuller Katz Craig LLP

Should Amazon be Liable for Products Sold in its Marketplace?

Amazon, the largest e-commerce website in the world and a member of the “Big Four” has repeatedly, and successfully, argued that the company is not liable for harm caused by the defective products that are sold by third...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

Best Best & Krieger LLP

Court Upholds Approval Of Superstore Zoning Ordinance - California Appellate Court Supports The Broad Use Of CEQA Addenda

In a victory for public agencies, a California appellate court ruled that, when an agency has prepared an environmental impact report for a project under the California Environmental Quality Act that is relevant to a...more

Robins Kaplan LLP

Another Online Sales Tax Update: SCOTUS Overrules Quill

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On June 20, 2018 the United States Supreme Court held in South Dakota v. Wayfair that states can collect sales tax from online retailers. ...more

Carlton Fields

Fourth Circuit Finds Employer Cannot Compel Arbitration of Former Employee’s Discrimination Claims

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The U.S. Court of Appeals for the Fourth Circuit recently ruled that two employment-related arbitration clauses did not “clearly and unmistakably” govern a former employee’s discrimination claims, and that the arbitrability...more

Hogan Lovells

Europe – General Court: Bad faith’s link to likelihood of confusion

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(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

Bradley Arant Boult Cummings LLP

Two Recent Business License Tax Cases Show Increasingly Aggressive Municipalities

Alabama local governments are combatting revenue losses and concomitant budget issues primarily because of the loss of their sales tax base to online sellers and because of their citizens’ demand for more or increasingly...more

Goulston & Storrs PC

Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated

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The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles. This is also great news for retailers, as drone popularity continues to soar with overall electronics...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

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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

Carlton Fields

Ninth Circuit Affirms Application Of Arbitration Clause Found In Amazon’s Conditions Of Use

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Applying Washington law, the Ninth Circuit Court of Appeals affirmed a California federal court’s ruling that Amazon’s Conditions of Use (COU) created a valid contract between Amazon and its customers, and there was no...more

Snell & Wilmer

Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances...

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In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board 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

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