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Interstate Commerce Dormant Commerce Clause

Stark & Stark

Oh, My Hemp! The Legality of Intoxicating Hemp Products and the Problems with New Jersey’s New Hemp Law

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​​​​​​​On the heels of the enactment of New Jersey’s new hemp law (L. 2024, c. 73; Senate Bill No. 3235) (the “Intoxicating Hemp Bill”) amending the definition of “legal” hemp and limiting the production and sale of...more

Harris Beach PLLC

Does Rescheduling Cannabis Make it Eligible for Interstate Commerce?

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Even with the expected rescheduling of cannabis from a Schedule I drug to a Schedule III drug, it will take more for it to be eligible for interstate commerce. Marijuana would remain subject to provisions of the Food,...more

Mayer Brown

Lawsuit Challenges Recent California Climate Disclosure Laws

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As discussed in our earlier Client Alerts, California recently passed several laws requiring certain climate-related corporate disclosures, including, for example, regarding emissions and climate-related financial risk. As...more

Venable LLP

Natural Products Association Challenges New York Law Prohibiting the Sale of Over-the-Counter Diet Pills and Certain Dietary...

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This week, the Natural Products Association (NPA) filed a lawsuit against New York State challenging the constitutionality of a new state law prohibiting the sale of over-the-counter diet pills and dietary supplements for...more

Lathrop GPM

Washington Federal Court Denies Motion to Dismiss Out-of-State Distillers Constitutional Challenge to Washington’s Distillery...

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A federal court in Washington denied the State of Washington’s motion to dismiss an out-of-state distiller’s constitutional challenge to Washington’s distillery regulatory scheme. Shady Knoll Orchards & Distillery LLC v....more

Ervin Cohen & Jessup LLP

­California Opens its Doors to Commerce by Voiding Out-Of-State Non-Compete Agreements

You may have heard the half-serious joke that California acts as its own independent country. One example of this is California’s strong disfavor of non-compete agreements, which stands in contrast with the rest of the...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

Venable LLP

When International Shoe Doesn't Fit: Personal Jurisdiction After Mallory v. Norfolk Southern

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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

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

Venable LLP

Could Texas Ban the Sale of Union-Made Goods? After National Pork Producers, We Still Don’t Know

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The Supreme Court’s opinion last week in National Pork Producers Council v. Ross raises more questions than it answers regarding what state laws might violate the dormant Commerce Clause. California prohibits the in-state...more

Hogan Lovells

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

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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

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

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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

ArentFox Schiff

10 Legal Challenges for the Cannabis Industry in 2023

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1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...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

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?

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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

Pierce Atwood LLP

The Dormant Commerce Clause and Discrimination in Illegal Interstate Markets

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Last week the First Circuit reached an interesting conclusion: the U.S. Constitution prohibits states from adopting protectionist legislation affecting illegal interstate markets. The case, Northeast Patients Group v. United...more

Perkins Coie

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

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On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state...more

Clark Hill PLC

Addressing the Ramifications of Federal Legalization for the U.S. Cannabis Industry

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The cannabis industry rang in 2021 with high hopes of federal legalization, leading to a massive run-up in cannabis equity values. Eighteen months later, however, proposals for federal legalization continue to stagnate and...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado’s Pay Transparency Law Survives Preliminary Injunction: Next Steps for Employers

Colorado’s Equal Pay for Equal Work Act went into effect on January 1, 2021. The act creates significant compliance burdens for employers with even one employee in Colorado....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

Husch Blackwell LLP

U.S. District Court Denies Injunction Of Colorado Equal Pay Law

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Last week, in the case of Rocky Mountain Association of Recruiters v. Moss, Case No. 1:20-cv-03819 (U.S.D.C. Colo.), U.S. District Judge William J. Martinez denied a plaintiff’s request for a preliminary injunction to block...more

Stinson LLP

Can the Dormant Commerce Clause Shield Airlines from Applying State Wage-and-Hour Laws to Employees who Fly Predominately Outside...

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Airlines are creatures of interstate and international commerce: roaming the skies and crossing territorial boundaries to deliver passengers and cargoes to destinations not cabined by state lines. To avoid unfair application...more

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