Dormant Commerce Clause

163 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Vargas v. Enter. Leasing Co.
  993 So. 2d 614· Fla. 4th DCA· 2008-10-31 ·cited 49×
  The court held that the Graves Amendment (49 U.S.C. § 30106) preempts Florida's vicarious liability statute for short-term motor vehicle lessors (section 324.021(9)(b)2), rejecting the argument that the statute qualifies as a 'financial responsibility law' exempt from federal pre
• Simmons v. State
  944 So. 2d 317· Fla.· 2006-11-16 ·cited 34×
  The Florida Supreme Court upheld two statutes criminalizing online conduct directed at minors: a luring statute (§ 847.0135) and a transmission statute (§ 847.0138) prohibiting sending harmful material to minors via electronic mail. The court rejected facial constitutional challe
• W.C.M. Window Co., Inc. v. Bernardi
  730 F.2d 486· 7th Cir.· 1984-03-16 ·cited 33×
  The court held that the Illinois Preference to Citizens on Public Works Projects Act violates the dormant Commerce Clause because it acts as a tariff and the state is acting as a regulator, not a market participant, when the law is applied to local government projects. The court
• White Mountain Apache Tribe v. Williams
  810 F.2d 844· 9th Cir.· 1984-02-07 ·cited 33×
  A preemption claim under the Supremacy Clause, based on federal occupation of a field or conflict with federal goals, does not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore does not support an award of attorney's fees under 42 U.S.C. § 1988.
• Cardio-Medical Assocs., Ltd. v. Crozer-Chester Med. Ctr. & James H. Loucks, M.D.
  721 F.2d 68· 3d Cir.· 1983-11-18 ·cited 31×
  The court held that plaintiffs adequately alleged a substantial and adverse effect on interstate commerce to withstand a motion to dismiss for lack of subject matter jurisdiction, but affirmed the striking of their jury demand due to waiver.
• Hyde Park P'rs, L.P. v. Connolly
  839 F.2d 837· 1st Cir.· 1988-02-04 ·cited 30×
  The court held that the penalty provision of the Massachusetts Takeover Bid Regulation Act likely violates the Commerce Clause, while the likelihood of success on the disclosure provision's Commerce Clause claim is uncertain.
• Reinish v. Clark
  765 So. 2d 197· Fla. 1st DCA· 2000-07-20 ·cited 29×
  Stanley and Carol Reinish, Illinois residents who own property in Florida used as a part-time residence, challenged the constitutionality of Florida's homestead tax exemption as violating the Equal Protection Clause, Privileges and Immunities Clause, and dormant Commerce Clause.
• Indianapolis Airport Auth. v. Am. Airlines, Inc.
  733 F.2d 1262· 7th Cir.· 1984-05-10 ·cited 27×
  The court held that the airport ordinances establishing user fees were unreasonable under Indiana law because they failed to properly allocate costs and reflect the extent of use by different user classes, leading to certain users subsidizing others.
• Milwaukee Cnty. Pavers Ass'n v. Fiedler
  922 F.2d 419· 7th Cir.· 1991-01-15 ·cited 22×
  A state program setting aside highway contracts for disadvantaged businesses, when implemented under federal law and regulations, does not violate the Equal Protection Clause, even if the state merely complies with federal requirements.
• Nat'l Collegiate Athletic Ass'n v. The Associated Press
  18 So. 3d 1201· Fla. 1st DCA· 2009-10-01 ·cited 20×
  The NCAA appealed a judgment requiring it to disclose NCAA enforcement documents (a hearing transcript and committee response) that were examined by lawyers for Florida State University in connection with a public university appeal. The Florida appellate court affirmed, holding t
• Alleghany Corp. v. Haase
  896 F.2d 1046· 7th Cir.· 1990-02-21 ·cited 20×
  State administrative agencies cannot concede immunity from federal law; they must comply with federal law and the Constitution without waiting for a judicial order.
• The Kan. City S. Ry. Co. v. McNAMARA
  817 F.2d 368· 5th Cir.· 1987-05-27 ·cited 17×
  The court held that the Louisiana Tax on Transportation and Communication Utilities discriminates against railroads in violation of the 4-R Act and that the discriminatory tax cannot be collected in part.
• Simmons v. State
  886 So. 2d 399· Fla. 1st DCA· 2004-11-15 ·cited 15×
  Michael John Simmons appealed his convictions under Florida Statutes sections 847.0135 and 847.0138, which criminalize luring minors online and transmitting harmful material to minors via electronic mail. The Florida First District Court of Appeal upheld the convictions, rejectin
• Amanda Acquisition Corp. v. Universal Foods Corp.
  877 F.2d 496· 7th Cir.· 1989-05-24 ·cited 15×
  Wisconsin's third-generation takeover statute is not preempted by the Williams Act and does not violate the Commerce Clause because it regulates internal corporate affairs and does not interfere with the tender offer process regulated by federal law.
• Odebrecht Constr., Inc. v. Sec'y, Fla. Dep't OF Transp.
  715 F.3d 1268· 11th Cir.· 2013-05-06 ·cited 14×
  Odebrecht Construction, a Florida corporation with no direct business operations in Cuba, challenged Florida's Cuba Amendment, which prohibits companies doing business in Cuba—or affiliated with companies doing business in Cuba—from bidding on state and local public contracts wor
• Island Silver & Spice, Inc. v. Islamorada
  542 F.3d 844· 11th Cir.· 2008-09-08 ·cited 13×
  Islamorada enacted a zoning ordinance restricting formula retail establishments, which the district court invalidated as violating the Dormant Commerce Clause. The Eleventh Circuit affirmed, holding that the ordinance had a discriminatory effect on interstate commerce and that Is
• Norfolk S. Corp. & Norfolk S. Marine Servs., Inc. v. Oberly
  822 F.2d 388· 3d Cir.· 1987-06-30 ·cited 13×
  The Court held that the Coastal Zone Management Act (CZMA) does not grant Congressional consent for states to enact regulations that would otherwise violate the dormant Commerce Clause, and affirmed the district court's summary judgment because the appellants failed to allege a c
• Swin Res. Sys., Inc. v. Lycoming Cnty.
  883 F.2d 245· 3d Cir.· 1989-08-25 ·cited 12×
  The operation of a landfill by Lycoming County is not protected by the market participant exception to the dormant Commerce Clause because it unduly burdens interstate commerce and is indistinguishable from prior cases limiting the exception.
• Norwegian Cruise Line Holdings Ltd v. State Surgeon Gen.
  50 F.4th 1126· 11th Cir.· 2022-10-06 ·cited 11×
  Norwegian Cruise Line Holdings challenged a Florida statute prohibiting businesses from requiring customers to provide proof of COVID-19 vaccination, arguing it violated the First Amendment and the dormant Commerce Clause. The Eleventh Circuit Court of Appeals held that the statu
• Gerling Global Reinsurance Corp. OF Am. v. Gallagher
  267 F.3d 1228· 11th Cir.· 2001-10-02 ·cited 11×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that Florida's Holocaust Victims Insurance Act, as applied to the plaintiffs, violates the Due Process Clause of the Fourteenth Amendment. The court found that the Act's reporting provisions, wh
• Juzwin v. Asbestos Corp., Ltd.
  900 F.2d 686· 3d Cir.· 1990-04-10 ·cited 11×
  The New Jersey tolling statute violates the Commerce Clause because it imposes an unconstitutional burden on interstate commerce by discriminating against foreign corporations not represented in the state, and less discriminatory alternatives exist.
• Am. Trucking Ass'ns, Inc. v. Larson
  683 F.2d 787· 3d Cir.· 1982-07-20 ·cited 11×
  The dissenting judge argues that the Pennsylvania truck inspection statute places an unconstitutional burden on interstate commerce because the safety benefits are speculative and do not outweigh the substantial costs and delays imposed on truckers.
• Serv. Mach. & Shipbuilding Corp. v. Edwards
  617 F.2d 70· 5th Cir.· 1980-05-12 ·cited 10×
  The St. Mary Parish worker registration ordinance, which facially discriminates against interstate commerce by exempting residents seeking their first jobs, and imposes significant burdens on commerce without sufficient justification, is unconstitutional under the Commerce Clause
• Alachua Cnty. v. Expedia, Inc.
  110 So. 3d 941· Fla. 1st DCA· 2013-02-28 ·cited 9×
  Florida counties appealed a trial court's decision that the Tourist Development Tax (a bed tax on hotel stays) applies only to the amount that online travel companies (like Expedia and Orbitz) remit to hotels, not to the markup they retain. The First District Court of Appeal affi
• Consol. Freightways Corp. OF Del. v. Kassel
  612 F.2d 1064· 8th Cir.· 1979-12-07 ·cited 9×
  An Iowa law prohibiting the use of 65-foot twin-trailer trucks on its interstate highways unconstitutionally burdens interstate commerce because it places a substantial burden on commerce without a sufficient safety justification.
• Lizzie Davis v. Oasis Legal Fin. Operating Co., LLC
  936 F.3d 1174· 11th Cir.· 2019-08-28 ·cited 8×
  The Eleventh Circuit held that forum selection clauses and class action waivers in payday loan agreements are unenforceable as against Georgia public policy, as established by the Georgia Payday Lending Act and Industrial Loan Act.
• Bill Kettlewell Excavating, Inc. v. Mich. Dep't OF Natural Res.
  931 F.2d 413· 6th Cir.· 1991-05-01 ·cited 8×
  The court affirmed the district court's decision, holding that the Michigan Solid Waste Management Act amendments, as applied, did not violate the Commerce Clause or the Due Process Clause.
• Ford Motor Co. & Ford Motor Credit Co. v. Ins. Comm'r OF the Commonwealth OF Pa. Appeal of Pa. Ass'n OF Indep. Ins. Agents
  874 F.2d 926· 3d Cir.· 1989-05-05 ·cited 8×
  The court held that Pennsylvania's statute prohibiting affiliations between insurance companies and savings and loan institutions is preempted by federal law when applied to the acquisition of failing thrifts, but not when applied to other affiliations. The court also affirmed th
• BIG Country Foods, Inc. v. Bd. OF Educ. OF the Anchorage Sch. Dist.
  868 F.2d 1085· 9th Cir.· 1989-02-28 ·cited 8×
  The court held that the district court did not abuse its discretion in denying Big Country's motion for a preliminary injunction because Big Country failed to demonstrate irreparable injury.
• Shell OIL Co. v. City OF Santa Monica
  830 F.2d 1052· 9th Cir.· 1987-10-21 ·cited 8×
  The court's opinion is concurred with, but the concurrence argues the pipeline's interstate commerce status is definitively established by its origin and connections.
• Cont'l Ill. Corp. v. Lewis
  827 F.2d 1517· 11th Cir.· 1987-09-22 ·cited 7×
  Florida statutes prohibiting out-of-state ownership of industrial savings banks are unconstitutional under the Commerce Clause, and a moratorium statute does not moot the case.
• Silver v. Woolf
  694 F.2d 8· 2d Cir.· 1982-11-15 ·cited 7×
  A state may require an interstate debt collection agency to obtain a license to enforce its otherwise valid regulatory scheme, especially when Congress has indicated approval of such state regulation.
• Fla. Dep't OF Revenue v. Directv, Inc.
  215 So. 3d 46· Fla.· 2017-04-13 ·cited 6×
  Florida's Communications Services Tax imposed a higher tax rate on satellite television service (10.8%) than cable service (6.8%), which satellite companies challenged as violating the dormant Commerce Clause. The Florida Supreme Court reversed the First District's decision inval
• Fla. Dep't OF Revenue v. Am. Bus. USA Corp.
  191 So. 3d 906· Fla.· 2016-05-26 ·cited 6×
  The Florida Supreme Court upheld a state statute imposing sales tax on in-state florists for all sales regardless of delivery location, rejecting the Fourth District's finding that the tax violated the dormant Commerce Clause when applied to out-of-state deliveries. The Court hel
• Tampa Elec. Co. v. Garcia
  767 So. 2d 428· Fla.· 2000-04-20 ·cited 6×
  The Florida Supreme Court reversed the Public Service Commission's grant of a determination of need for a merchant power plant proposed by Duke Energy, holding that the PSC lacks statutory authority under the Siting Act and FEECA to approve need determinations for power plants wh
• Gov't Suppliers Consolidating Servs. v. Honorable Evan Bayh
  975 F.2d 1267· 7th Cir.· 1992-09-17 ·cited 6×
  The court held that the backhaul ban, registration, and stickering provisions were subject to Pike balancing, but the surety bond provision was an unconstitutional burden on interstate commerce. The court reversed in part and affirmed in part.
• Hazardous Waste Treatment Council v. State OF S.C.
  945 F.2d 781· 4th Cir.· 1991-09-20 ·cited 6×
  The court affirmed the preliminary injunction regarding statutes and executive orders but remanded the regulation for further balancing of hardships, clarifying the injunction did not declare the laws invalid.
• J. Filiberto Sanitation, Inc. v. State OF NEW Jersey Dep't OF Env't Prot. & Bd. of Pub. Utils.
  857 F.2d 913· 3d Cir.· 1988-09-08 ·cited 6×
  The court held that the New Jersey regulation requiring solid waste collected in Hunterdon County to be deposited at the county's transfer station does not violate the dormant Commerce Clause.
• Country Classic Dairies, Inc. v. State OF Mont.
  847 F.2d 593· 9th Cir.· 1988-05-26 ·cited 6×
  The court held that the district court erred in granting summary judgment on the Commerce Clause claim because genuine issues of material fact exist regarding the regulation's effect on interstate commerce, but affirmed summary judgment on the Equal Protection claim.
• Burlington N. R.R. Co. v. State OF Neb.
  802 F.2d 994· 8th Cir.· 1986-09-30 ·cited 6×
  The court held that the district court erred by not balancing the burden on interstate commerce against the state's asserted safety interest and by improperly excluding lay opinion testimony regarding the statute's safety effects. The court affirmed the district court's finding t
• Sestric v. Clark
  765 F.2d 655· 7th Cir.· 1985-06-18 ·cited 6×
  The court held that Illinois' requirement that nonresidents pass the bar exam, while allowing new residents who have practiced continuously elsewhere to be admitted on motion, does not violate the Privileges and Immunities Clause, Commerce Clause, or Equal Protection Clause.
• S.D. Pub. Utils. Comm'n & Minn. Pub. Utils. Comm'n v. Fed. Energy Regulatory Comm'n
  690 F.2d 674· 8th Cir.· 1982-10-19 ·cited 6×
  The court held that the Federal Energy Regulatory Commission's order allocating the costs of cancellation of the Tyrone Energy Park was supported by substantial evidence and within the zone of reasonableness.
• Fla. Transp. Serv., Inc. v. Miami-Dade Cnty.
  757 F. Supp. 2d 1260· S.D. Fla.· 2010-11-02 ·cited 5×
  Summary judgment is granted for Florida Transportation on liability for permit denials in 2003-2005, but for the County on other claims, due to statute of limitations and res judicata.
• OLD Coach Dev. Corp., Inc. v. Tanzman
  881 F.2d 1227· 3d Cir.· 1989-08-02 ·cited 5×
  The New Jersey Land Sales Full Disclosure Act (LSFDA) is unconstitutional because its plain effect discriminates against interstate commerce by imposing greater burdens on sellers of out-of-state land than on sellers of in-state land under the Planned Real Estate Development Full
• Am. Bus. USA Corp. v. Dep't OF Revenue
  151 So. 3d 67· Fla. 4th DCA· 2014-11-12 ·cited 4×
  American Business USA Corp., a Florida-registered internet florist, appealed a tax assessment by the Florida Department of Revenue on its sales of flowers to out-of-state customers for out-of-state delivery. The court held that taxing these wholly out-of-state transactions violat
• Cachia v. Islamorada
  542 F.3d 839· 11th Cir.· 2008-09-08 ·cited 4×
  Joseph Cachia challenged Islamorada's zoning ordinance prohibiting formula restaurants on Dormant Commerce Clause grounds after a planned Starbucks sale fell through. The Eleventh Circuit reversed the district court's dismissal, holding that the ordinance's complete prohibition o
• In re Se. Ark. Landfill, Inc. v. State of Ark.
  981 F.2d 372· 8th Cir.· 1992-12-11 ·cited 4×
  Arkansas statutes regulating solid waste disposal that discriminate on their face against waste originating outside the state violate the Commerce Clause unless the state proves out-of-state waste is more harmful.
• Trailer Marine Transp. Corp. v. Vazquez
  977 F.2d 1· 1st Cir.· 1992-09-28 ·cited 4×
  The court held that the dormant Commerce Clause doctrine applies to Puerto Rico and that the fee imposed on transitory trailers violates this doctrine by discriminating against interstate commerce.
• OLD Bridge Chems., Inc. v. N.J. Dep't of Env't Prot.
  965 F.2d 1287· 3d Cir.· 1992-06-10 ·cited 4×
  New Jersey's regulations classifying recyclable hazardous by-product wastes using EPA codes do not violate the Commerce Clause or RCRA because they apply evenhandedly to in-state and out-of-state commerce and do not discriminate.
• Sadler v. NCR Corp.
  928 F.2d 48· 2d Cir.· 1991-03-07 ·cited 4×
  New York law authorizes a New York resident shareholder to demand a list of record shareholders and a NOBO list from an out-of-state corporation doing business in New York, and this application does not violate the Commerce Clause.