Recent Cases

• Dormant Commerce Clause

  State v. Wayfair Inc.

  South Dakota Supreme Court Holds Unconstitutional State Law Requiring Internet Retailers Without In-State Physical Presence to Remit Sales Tax.

• Conflict of Laws

  Singer v. City of Newton

  Massachusetts District Court Finds Portion of Local Drone Ordinance Preempted by FAA Regulation.

• Election and Voting Law

  Thompson v. Alabama

  District Court Finds No Irreparable Injury from the State’s Lack of Notice to People with Felony Convictions upon Re-Enfranchisement.

• Criminal Law

  United States v. Walker

  District Court Denies Plea Bargain Due to the Public Interest in Understanding the Opioid Epidemic.

• Qualified Immunity

  Fields v. City of Philadelphia

  Third Circuit Holds Bystanders Have First Amendment Right to Record Police but Grants Qualified Immunity to Officers Involved.

• Cyberlaw / Internet

  Ajemian v. Yahoo!, Inc.

  Massachusetts Supreme Judicial Court Holds that Personal Representatives May Provide Lawful Consent for Release of a Decedent’s Emails.

• Labor Law

  MikLin Enterprises, Inc. v. NLRB

  Eighth Circuit Holds Employee Organizing Activity Unprotected for Disloyalty Despite Lack of “Malicious Motive.”

• Statutory Interpretation

  New Mexico v. Department of the Interior

  Tenth Circuit Holds that Severability Analysis Cannot Extend to Construing Indian Gaming Regulatory Act to Support an Administrative Remedy.