12 results for 'cat:"Commerce" AND cat:"Constitution"'.
J. Smith finds the district court improperly found for R.J. Reynolds on its claims the Food & Drug Administration's attempt at implementing the Tobacco Control Act’s warning-label requirement to require color graphics regarding health effects of smoking violates the First Amendment. The image warnings are both factual and uncontroversial, and the free speech test for factual commercial speech must be applied. Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: March 21, 2024, Case #: 23-40076, Categories: commerce, constitution, Health Care
J. Bennett grants the individual members of the Maryland Alcohol, Tobacco, and Cannabis Commission and denies the commission, its executive director and the attorney general’s motion to dismiss improper defendants in this Interstate Commerce Act complaint brought by a citizen and two out-of-state breweries. The citizen and breweries argue that the commission has unconstitutionally allowed in-state alcohol manufactures to ship their product directly to consumers, while prohibiting the out-of-state brewers from doing the same. The Direct Shipping Act is scheduled to expire June 30, 2024, and at that time this case may be dismissed. Therefore, until the direct shipping act expires the motion to dismiss the complaint in full is denied.
Court: USDC Maryland, Judge: Bennett, Filed On: March 15, 2024, Case #: 1:23cv2045, NOS: Constitutionality of State Statutes - Other Suits, Categories: commerce, constitution
J. Furman denies the arms manufacturers' motion to dismiss the state's claims that they sell products used to make "ghost guns," including unfinished frames and receivers, designed to subvert state and federal laws by allowing people to build homemade guns that lack serial numbers. The state plausibly alleges the manufacturers' products are "firearms," and the Protection of Lawful Commerce in Arms Act does not preempt its claims.
Court: USDC Southern District of New York, Judge: Furman, Filed On: February 23, 2024, Case #: 1:22cv6124, NOS: Constitutionality of State Statutes - Other Suits, Categories: commerce, constitution, Firearms
J. Kirsch finds for a company in claims contending the Russia Act was unconstitutionally applied when a contract was not renewed on grounds that a Japanese parent company also owned a Russian company. The state law was overbroad in prohibiting conduct allowed under federal sanctions, and the law interferes with the U.S. President's ability to discourage Russian intervention in Ukraine by allowing one state to "undercut" the federal approach to Russia's aggression. Meanwhile, the law prevents the U.S. from speaking with a unified voice in addressing the conflict in Ukraine.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 22, 2023, Case #: 3:23cv4044, NOS: Constitutionality of State Statutes - Other Suits, Categories: commerce, constitution, Trade
J. Schiltz grants the generic drug manufacturers' association's motion for a preliminary injunction halting enforcement of a state law banning the imposition of "excessive" price increases for generic and off-patent drugs. The association has shown that it is likely to succeed on the merits of its claim that the law violates the dormant Commerce Clause through its application to out-of-state drug sales, and that it is likely to suffer irreparable harm absent an injunction. The state's motion to dismiss, meanwhile, is partially granted and the association's claims for violation of separation of powers and for other civil-rights relief are dismissed.
Court: USDC Minnesota, Judge: Schiltz, Filed On: December 4, 2023, Case #: 0:23cv2024, NOS: Other Civil Rights - Civil Rights, Categories: commerce, constitution, Injunction
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J. Rice denies Chairperson of the Washington Liquor and Cannabis Commission David Postman's motion to dismiss the small distillery's complaint that Postman and Attorney General of Washington Bob Ferguson allowed in-state distilleries to sell and ship distilled products directly to customers, violating the commerce clause by allowing in-state distillers to self-distribute directly to sales licensees while prohibiting out-of-state distilleries from doing the same. The decision is stayed because while the Fourth, Sixth and Eight Circuit Courts allowed three-tier systems to support Postman's position, the small distillery points to how First, Seventh, and Eleventh Circuits reached opposing views, and Postman does not sufficiently show that the small distillery fails to state a plausible claim of relief.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 24, 2023, Case #: 1:23cv3093, NOS: Constitutionality of State Statutes - Other Suits, Categories: commerce, constitution, Government
J. Shipp dismisses constitutional claims contending the state's prohibition on 3-D printed gun information forced a Texas-based company to cease activities in New Jersey for fear of enforcement because computer code designed for printing weapons is likely non-expressive speech, and plaintiffs failed to demonstrate how each type of information constitutes protected speech. Meanwhile, plaintiffs did not allege an individual had been prevented from printing a 3-D firearm, and the commerce clause does not prevent one state from criminalizing behavior originating from another state.
Court: USDC New Jersey, Judge: Shipp, Filed On: September 29, 2023, Case #: 3:21cv9867, NOS: Constitutionality of State Statutes - Other Suits, Categories: commerce, constitution, Firearms
J. Murphy finds the lower court properly granted the commonwealth's motion for judgment on the intrastate portion of the Ohio-based ambulance services provider's commerce claim. Kentucky's "certificate of need" law for out-of-state service providers is not discriminatory on its face because it treats in-state and out-of-state providers in the same fashion. However, because the interstate portion of the law, which prevents out-of-state providers from operating unless they demonstrate a significant need for their services in Kentucky, effectively limits competition and, therefore, violates the Commerce Clause. Reversed in part.
Court: 6th Circuit, Judge: Murphy, Filed On: September 1, 2023, Case #: 22-5808, Categories: commerce, constitution, Government
J. Chambers denies, in part, the state of West Virginia's motion to dismiss the drug manufacturer's suit challenging the constitutionality of the Unborn Child Protection Act on the grounds the 2022 law restricts the sale of mifepristone, the first in a two-step abortion medication regime. The risk evaluation and mitigation strategy promulgated by the Food and Drug Administration on mifepristone preempts the Act on restricting its prescription via telemedicine.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: August 24, 2023, Case #: 3:23cv58, NOS: Constitutionality of State Statutes - Other Suits, Categories: commerce, constitution, Health Care
J. Neals dismisses commerce clause claims contending that state regulations regarding sales of alcoholic beverages discriminate against out-of-state wine retailers. Under the 21st Amendment, New Jersey has the right to create a tiered system for alcohol distribution and sales, and out-of-state wine retailers seek to be treated differently than in-state retailers by being allowed to shirk licensing rules.
Court: USDC New Jersey, Judge: Neals, Filed On: August 22, 2023, Case #: 2:19cv14716, NOS: Constitutionality of State Statutes - Other Suits, Categories: commerce, constitution, Licensing
J. Steadman finds the D.C. Circuit properly upheld a local law that requires licensed alcoholic beverage dealers to store their inventory within the district. A winery with inventory in Virginia fails to show the law violates the dormant Commerce Clause. Affirmed.
Court: DC Court of Appeals, Judge: Steadman, Filed On: August 10, 2023, Case #: 22-AA-0017 , Categories: commerce, constitution
J. Welch finds the Court of Appeals improperly reversed the Court of Claims’ grant of summary judgment to the Treasury in this tax dispute, determining that business income was properly subject to taxation under the Michigan Business Tax Act as to the sale of a Minnesotan business to one in Michigan. The Act’s formula, as applied, did not impermissibly tax income outside the scope of Michigan’s taxing powers and did not violate due process or commerce clauses of the Constitution. Reversed and remanded.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 31, 2023, Case #: 163742, Categories: commerce, constitution, Tax