News & Analysis as of

Interstate Commerce

Quarles & Brady LLP

Kentucky Attorney General Determines Board of Pharmacy Lacks Statutory Authority to Regulate Non-Resident Pharmacists

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The Kentucky Attorney General published a formal opinion yesterday confirming that the Board of Pharmacy cannot require the licensure of pharmacists who reside outside of the Commonwealth of Kentucky. The proposed...more

Flaster Greenberg PC

President Trump’s First Energy Move

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When he assumes office again on January 20, 2025, newly reelected President Donald J. Trump can make one move regarding energy that not only will facilitate the increased availability of domestic oil and gas production but...more

Troutman Pepper

Ninth Circuit Issues Decision Limiting Scope of Concepcion

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In Heckman v. Live Nation Entertainment, Inc., a panel of the Ninth Circuit affirmed a lower court decision refusing to enforce the Ticketmaster arbitration provision in a purported consumer antitrust class action brought...more

Blank Rome LLP

Kentucky Court Issues Permanent Injunction of Law Discriminating Against Interstate Commerce

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A U.S. District Court ruled that a Kentucky statute that requires the State’s Public Service Commission (“PSC”) to compute the reasonableness of the rates that utilities charge consumers by reducing fuel costs by any...more

K&L Gates LLP

Arbitration World: Interstate Arbitration Part 2

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In the second episode of our Interstate Arbitration series, Ian Meredith continues the conversation with Professor Stephen Minas. In this episode we will dive into some specific aspects of interstate arbitration. Ian and...more

K&L Gates LLP

Arbitration World: Interstate Arbitration Part 1

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In this first episode of our Interstate Arbitration series, Ian Meredith talks with Professor Stephen Minas of Peking University Transnational Law School, to introduce the general ins and outs of interstate (or State vs...more

Bailey & Glasser, LLP

Kentucky’s SB 257 Ruled Unconstitutional in Interstate Commerce Victory

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In the latest update in the years-long fight on behalf of Foresight Coal Sales, Bailey Glasser has secured another win for interstate commerce and constitutional law. On September 24, 2024, the district court granted...more

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

Husch Blackwell LLP

ILA Labor Agreement Set to Expire, Strike Looms

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On September 30, 2024, the International Longshoremen’s Association (ILA) labor agreement with U.S. East Coast and Gulf Coast port operators ends. With negotiations over the summer unsuccessful, the possibility of a strike...more

Goodell, DeVries, Leech & Dann, LLP

The 2018 Farm Bill’s Effect on State Cannabis Laws

Whether you practice full time as a cannabis attorney, dabble in cannabis law, or are simply interested in the evolving federal views and laws on marijuana, you may have caught wind that the federal Agriculture Improvement...more

Dunlap Bennett & Ludwig PLLC

A Very Demure, Very Mindful Trademark Problem: Prior-Filed Applications For Your Trademark

TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2024 - The Trade Powerhouse: Analyzing Texas’ Role in Global and National Trade

Texas isn’t just celebrated for its breathtaking landscapes and rich history—it’s a dynamic powerhouse in international and interstate trade. As the second-largest state in the U.S., Texas capitalizes on its strategic...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Decision Opens Doors to Rate Increases by FERC-Regulated Oil, Liquids and Refined Products Pipelines

Interstate oil, liquid and refined products pipelines regulated by the Federal Energy Regulatory Commission (FERC) will soon be able to raise their transportation rates (provided they were set using FERC’s popular Index rate...more

Jackson Lewis P.C.

Ninth Circuit Continues to Expand Transportation Worker Exemption Under Federal Arbitration Act

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Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act (FAA). The U.S. Court of...more

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

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The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Rivkin Radler LLP

The Case of ‘Gas Station Heroin’

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Is It Necessary for Congress to Amend the FD&C Act for FDA to Have the Authority to Prohibit Tianeptine’s Sale? If the answer to this question is “no,” why are bills being introduced into Congress to give the U.S. Food and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Interstate Transport/Ozone: United State Supreme Court Issues Stay for D.C. Circuit Court of Appeals

Co-Author Jordan Wimpy The United States Supreme Court issued on June 27th a stay on the Ozone Federal Implementation Plan (i.e, Good Neighbor Rule) while the District of Columbia Circuit Court of Appeals hears and decides...more

ArentFox Schiff

The 340B ‘Saga’ Continued: HRSA, States, and Drug Manufacturers Contest 340B Contract Pharmacy Restrictions in Court

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In 2021, we provided an overview of multiple federal lawsuits challenging the US Department of Health and Human Services (HHS) Health Resources and Services Administration’s (HRSA) enforcement of the 340B Drug Pricing...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

Greenbaum, Rowe, Smith & Davis LLP

Will Rescheduling Cannabis Open the Industry to Increased Financing, Real Estate and Banking Opportunities?

On May 16, 2024, the U.S. Department of Justice (DOJ) issued its proposed rules to transfer cannabis from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. The DOJ’s proposal follows the U.S....more

Manatt, Phelps & Phillips, LLP

Supreme Court: Look to Worker, Not Employer for FAA Exemption Status

Is the exemption from coverage under the Federal Arbitration Act (FAA) for any “class of workers engaged in foreign or interstate commerce” limited to workers whose employers are in the transportation industry? ...more

Husch Blackwell LLP

Cannabis Litigation Update: Canna Provisions Case

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While the cannabis industry is closely following the recently published notice of proposed rulemaking from the Department of Justice (“DOJ”) and the Drug Enforcement Administration (“DEA”), which will move cannabis from a...more

Lathrop GPM

United States Supreme Court Expands Worker Exemption in Federal Arbitration Act

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The United States Supreme Court recently determined that an exemption to the Federal Arbitration Act excluding workers engaged in foreign or interstate commerce from coverage under the Act includes a transportation worker...more

Epstein Becker & Green

Employees Not in the Transportation Industry Can Be Exempted From Arbitration Under the FAA

The U.S. Supreme Court has ruled that in determining exemption from the Federal Arbitration Act (“FAA”) for “workers engaged in foreign or interstate commerce” — commonly referred to as the “transportation worker”...more

McGlinchey Stafford

Ohio Appeals Court Finds Error in Not Staying Discovery Pending Motion to Compel Arbitration

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In Biotricity, Inc. v. DeJohn, 8th Dist. Cuyahoga No. 113216, 2024-Ohio-1593, the Ohio Eighth Appellate District found that the trial court erred by refusing to stay discovery pending a ruling on a motion to compel...more

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