Business Litigation

South Dakota v. Wayfair, Inc., ___ U.S. ___, No. 17-494 (21 June 2018) When a consumer purchases goods or services, the consumer’s State often imposes a sales tax.  The question before the Court was whether a State can require an out-of-state seller to collect…

Janus v. American Federation of State, County, and Municipal Employees, Council 31, ___ U.S. ___, No. 16-1466 (27 June 2018) Which is more important: First Amendment guarantees of freedom of speech and freedom of association or the funding of public employee unions?  When can freedom of speech and freedom of…

Collins v. Virginia, ____ U.S. ____, No. 16-1027 (29 May 2018) This criminal case began when Ryan Collins bought a motorcycle without a title under circumstances alerting a reasonable person that the motorcycle was stolen.  The motorcycle had a distinctive appearance.  It was orange and black with an extended frame. …

FAR Part 12 – Acquisition of Commercial Items contains unique contracting policies not found in other parts of FAR. For example, changes to a commercial items contract must be bilateral and may not be made unilaterally by the government like under the traditional Changes clause. FAR Part 12’s unique rules…

Lozman v. City of Riviera Beach, Florida, ___ U.S. ___, No. 17-21 (18 June 2018) “Gadfly” – an intentionally annoying person who stimulates or provokes others, especially by persistent irritating criticism.” (See, e.g., Webster’s Ninth Collegiate Dictionary). Fane Lozman is a gadfly. So was Socrates, and the Athenians forced him…

Dorothy C. Davis, derivatively on behalf of Woodside Properties, LLC v. MKR Development, LLC, et al., Virginia Supreme Court No. 171020 (31 May 2018) “Happy families are all alike; every unhappy family is unhappy in its own way.” (Anna Karenina, by Leo Tolstoy).  This case is about an unhappy family…

Trump v. Hawaii, ___ U.S. ___, No. 17-965 (26 June 2018) More than 60 years ago, Congress enacted a law stating that if the President finds that the entry of designated aliens “would be detrimental to the interests of the United States,” then the President has the authority to restrict…

On June 18, 2018, the Supreme Court agreed to hear an appeal in Timbs v. Indiana, a case with important implications for the continued use of civil forfeiture by state police agencies. Given the ever-increasing use of civil forfeiture by states—a years-long trend fueled by the use of forfeiture to…

Minnesota Voters Alliance, et al. v. Mansky, ___ U.S. ___, No. 16-1435 (14 June 2018) Voting today is much different than during the early years of the republic.  Back then there was no secret ballot.  On election day, voters gathered at the polling place.  Candidates gave speeches and cajoled voters. …