Since before the Dobbs decision reversed decades of precedent on reproductive rights, we have been looking at the implications for drug and device manufacturers. See here and here. Our posts have, of course, followed the ins and outs of the notorious AHM (or Hippo) litigation as it makes its way up to the
We closed our post on the terrible Supreme Court decision in Mallory v. Norfolk Southern Railway Co., 143 S. Ct. 2028 (2023), with this “stay tuned” message:
Finally, as all the Mallory opinions make clear, jurisdictional litigation in Mallory itself is not over. The Pennsylvania Supreme Court’s interpretation of the Pennsylvania statute has not
Today’s guest post is from friend-of-the-Blog Richard Dean of Tucker Ellis. For years he has been advocating greater defense use of the dormant Commerce Clause, and given the discussion of that constitutional defense in the pivotal Alito concurrence in the recent Mallory v. Norfolk Southern Railway Co., ___ S. Ct. ___, 2023 WL 41877494 (U.S. June 27, 2023), personal jurisdiction decision, he is back again. He’s too nice to say “I told you so,” but he’s earned the right. As always our guest bloggers deserve 100% of the credit, and any blame, for what they write.Continue Reading Guest Post − Let the Dormant Commerce Clause Challenge to Consent Statutes Go Forth
Politics makes strange bedfellows. So does the law. Weird cases also make weird law. The Supreme Court decision in National Pork Producers Council v. Ross, No. 21–468, — S. Ct. — , 2023 WL 3356528 (U.S. May 11, 2023) (“NPP”), evidences each of those old saws. Deciphering just what the Supreme Court held entails
Despite our use of plural pronouns, almost all of our posts come from a single author. We occasionally have guest posts by multiple authors or a post that pairs one of us with a subject matter expert. For this post, however, all seven authors of the Blog are joining together.
We are just simple defense
Today’s guest post is by Tucker Ellis‘ Dick Dean, a longtime friend of the blog and outspoken advocate of using the Dormant Commerce Clause as a one-two punch in certain personal jurisdiction situations. This is his latest update on Dormant Commerce Clause developments. As always, our guest posters are 100% responsible for their
We’ve blogged a number of times about the Dormant Commerce Clause (“DCC”) as an additional basis for bolstering both preemption and Due Process arguments. Here’s another prescription drug-based example.
The state of New York decided to impose a special tax on opioid manufacturers to finance various responses to the so-called “opioid epidemic.” The tax came
Here’s another guest post on the Dormant Commerce Clause by our guest guru on that subject, Dick Dean over at Tucker Ellis. He reports on another possible use for the Dormant Commerce Clause that could provide a win for the our side in an innovator liability situation. As always our guest bloggers deserve 100%
The first year law school class we most anticipated was Constitutional Law. Then disappointment greeted us when we learned that the first year course covered only broad institutional topics such as judicial review and separation of powers. The sexy bits – First Amendment, Fourth Amendment, Equal Protection, and Due Process – were reserved for higher
Today’s guest post is by friend of the blog Dick Dean, of Tucker Ellis. He had an interesting idea the last time he posted about personal jurisdiction, and he’s following up with another one – this time rousing the previously dormant Commerce Clause. As always, our guest posters are 100% responsible (all credit