Intrastate Commerce

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

• Mitchell v. Hygrade Water & Soda Co.
  285 F.2d 362· 8th Cir.· 1960-12-12 ·cited 6×
  The court held that employees handling empty bottles for reuse in intrastate beverage distribution are not engaged in the production of goods for commerce, nor in a closely related process directly essential to such production, under the Fair Labor Standards Act.
• Holland Furnace Co. v. Fed. Trade Comm'n
  269 F.2d 203· 7th Cir.· 1959-06-16 ·cited 6×
  The court held that Holland Furnace Company's local sales, filled from warehouses stocked with products shipped in interstate commerce, have a substantial relation to interstate commerce and are therefore within the Federal Trade Commission's regulatory jurisdiction.
• BEN Kanowsky, Inc. v. Arnold
  250 F.2d 47· 5th Cir.· 1957-12-10 ·cited 6×
  A business operating a local furniture and interior decorating establishment, with a side line fabricating phenolic parts for local sale, is a retail or service establishment exempt from the Fair Labor Standards Act.
• Cities Serv. Gas Co. v. Fed. Power Comm'n
  176 F.2d 548· 10th Cir.· 1949-07-30 ·cited 6×
  The dissenting judge holds that the court has a duty to distribute impounded funds to ultimate consumers of gas in the City of Springfield.
• Interstate Commerce Comm'n v. Dunn
  166 F.2d 116· 5th Cir.· 1948-02-05 ·cited 6×
  Motor vehicles are exempt from Interstate Commerce Act requirements when carrying agricultural commodities, even if they also carry other property for hire at different times.
• Domenech v. Pan Am. Standard Brands, Inc.
  147 F.2d 994· 1st Cir.· 1945-03-02 ·cited 6×
  The court held that the plaintiff's activities after goods arrived at the warehouse were intrastate commerce and thus outside the Fair Labor Standards Act's coverage.
• Dorsett v. Overstreet
  154 Fla. 566· Fla.· 1944-05-19 ·cited 6×
  A Florida broker who exclusively solicited orders for out-of-state manufacturers and forwarded all orders to principals located outside Florida challenged an occupation license tax as unconstitutional under the Commerce Clause. The Florida Supreme Court reversed the lower court's
• United States v. Wrightwood Dairy Co. (two cases)
  123 F.2d 100· 7th Cir.· 1941-10-27 ·cited 6×
  A milk distributor whose operations are wholly intrastate is not subject to federal marketing order regulations solely based on competition with handlers subject to the order.
• Naumadean Davis Blalock v. Powledge
  131 Fla. 498· Fla.· 1938-02-19 ·cited 6×
  Naumadean Davis Blalock challenges a Tallahassee city occupational license tax ordinance requiring agencies soliciting business for out-of-town enterprises to pay a $100 license fee. The Florida Supreme Court upholds the ordinance as a valid exercise of municipal taxing authority
• Coast van Lines, Inc. v. Armstrong
  167 F.2d 705· 9th Cir.· 1948-04-26 ·cited 5×
  Employees are not exempt from overtime provisions under the retail/service establishment exemption because the Navy contract work was not retail service. Employees are also not exempt under the ICC hours of service provision because the employer failed to prove the extent to whic
• Deerbrooke Invs., Inc. v. Fla. Dep't OF Revenue
  861 So. 2d 447· Fla. 4th DCA· 2003-09-10 ·cited 4×
  Deerbrooke Investments appealed a Florida Department of Revenue tax assessment on its gambling cruise operations from Palm Beach. The court reversed in part and affirmed in part, holding that certain cruise-related revenues and equipment should be subject to partial tax exemption
• Dream Boat, Inc. v. Dep't OF Revenue
  921 So. 2d 1· Fla. 1st DCA· 2003-03-27 ·cited 4×
  Dream Boat, Inc. appealed a summary judgment upholding a use tax and penalties on oral slot machine license agreements for gambling cruise vessels. The court affirmed, holding that the licensing agreements were subject to Florida use tax because they occurred in Florida and invol
• Chao v. First Class Coach Co., Inc.
  214 F. Supp. 2d 1263· M.D. Fla.· 2001-10-01 ·cited 4×
  The court held that the Fair Labor Standards Act's overtime exemption for motor carrier employees applies to all First Class drivers, including those on the 'I-Ride' route, because the company is substantially engaged in interstate commerce and the 'I-Ride' service is part of the
• Larry Harmon Pictures Corp. v. The Williams Rest. Corp.
  929 F.2d 662· Fed. Cir.· 1991-03-27 ·cited 4×
  A single-location restaurant serving interstate travelers satisfies the Lanham Act's 'use in commerce' requirement for service mark registration.
• Radio WHKW, Inc. v. Yarber
  838 F.2d 1439· 5th Cir.· 1988-03-11 ·cited 4×
  The court held that the radio station's business activities in Mississippi constituted a unitary interstate transaction, not localized intrastate activity, and therefore the state's door-closing statute could not bar its access to courts under the Commerce Clause.
• United Parcel Serv., Inc. v. State
  443 So. 2d 263· Fla. 1st DCA· 1983-12-20 ·cited 4×
  United Parcel Service appealed the Comptroller's denial of sales and use tax refunds, challenging which vehicles qualified for a partial interstate commerce exemption and the proper formula for calculating the exemption. The court reversed, holding that all UPS vehicles operating
• Nat'l Labor Relations Bd. v. Sunnyland Ref. Co.
  474 F.2d 407· 5th Cir.· 1973-03-01 ·cited 4×
  The court held that the National Labor Relations Board did not err in excluding dual function employees from the bargaining unit, as their limited intrastate driving duties did not establish a sufficient community of interest with the primary shipper-drivers.
• Nat'l Labor Relations Bd. v. Benevento
  297 F.2d 873· 1st Cir.· 1961-12-29 ·cited 4×
  The National Labor Relations Board cannot assert jurisdiction over a purely local business solely based on its sales to a company that imports materials, without specific findings that the local business's operations actually affect interstate commerce.
• McCAW v. Fase
  216 F.2d 700· 9th Cir.· 1954-10-30 ·cited 4×
  A territorial tax on the gross receipts of a radio broadcasting station, limited to income derived from local business with commercial value only within the territory, is valid and does not unconstitutionally burden interstate commerce.
• Northwestern-Hanna Fuel Co. v. McCOMB
  166 F.2d 932· 8th Cir.· 1948-03-10 ·cited 4×
  The court held that substantial non-retail sales disqualify a business from the Fair Labor Standards Act's retail establishment exemption, and that the Portal-to-Portal Act's good faith defense does not apply to injunctions.
• Schwarz v. Witwer Grocer Co.
  141 F.2d 341· 8th Cir.· 1944-03-09 ·cited 4×
  Employees who primarily engage in intrastate commerce and only incidentally in interstate commerce must prove the extent of their interstate activities to be covered by the Fair Labor Standards Act.
• State v. Seaboard Air Line R.R. Co.
  92 Fla. 63· Fla.· 1926-06-01 ·cited 4×
  The Florida Supreme Court held that petroleum products stored in tanks and warehouses at Jacksonville and Tampa ports come to rest there, terminating interstate commerce and making subsequent shipments to interior Florida points subject to intrastate freight rates prescribed by t
• Rosenfeld v. Lu
  766 F. Supp. 1131· S.D. Fla.· 1991-06-06 ·cited 3×
  Florida Statute § 686.201 is unconstitutional under the Commerce Clause because it discriminates on its face and in its practical effect against interstate commerce.
• Roberts v. Levine
  921 F.2d 804· 8th Cir.· 1990-12-26 ·cited 3×
  The court held that the urea shipment was part of interstate commerce, but the soybean shipments were intrastate commerce.
• GAY v. United Gas Pipe Line Co.
  159 Fla. 659· Fla.· 1947-11-14 ·cited 3×
  The court held that the sale and transportation of natural gas to Florida customers was interstate commerce, rendering state tax provisions inapplicable.
• Albertson's, Inc. v. The Fla. Dep't OF Prof'l Reg.
  658 So. 2d 134· Fla. 1st DCA· 1995-07-11 ·cited 2×
  Albertson's and other chain pharmacy companies challenged section 408.706(10) of Florida's Health Care and Insurance Reform Act as violating the Commerce Clause and Equal Protection Clause. The trial court struck down the provision barring pharmacies licensed in other states but
• Alamo Rent-A-Car, Inc. v. City OF Palm Springs
  955 F.2d 30· 9th Cir.· 1991-08-15 ·cited 2×
  The court held that the airport access fee schedule does not violate the Commerce Clause because it does not discriminate against interstate commerce and approximates the use of airport facilities.
• Carbon Processing Co. v. Lapeyrouse Grain Corp.
  779 F.2d 1541· 11th Cir.· 1986-01-14 ·cited 2×
  The court held that applying Alabama's qualification statute to Carbon Processing impeded interstate commerce, violating the Commerce Clause, even if the contract was made in Alabama.
• Nw. Terminal Elevator Ass'n v. Minn. Pub. Utils. Comm'n
  725 F.2d 80· 8th Cir.· 1984-01-11 ·cited 2×
  Shipments of grain wholly within Minnesota by commercial truckers from country grain elevators to terminal elevators constitute interstate commerce and are not subject to state commission regulation.
• McCOMBS v. Fed. Energy Regulatory Comm'n
  705 F.2d 1177· 10th Cir.· 1980-11-07 ·cited 2×
  The court held that the Commission's order recognizing the dissolution of Butler A and B units should be sustained due to failure to obtain abandonment authority, but the payback order for diversions was unjustified prior to the claimant's demand.
• Tex. OIL & GAS Corp. v. Mich. Wis. Pipe Line Co.
  601 F.2d 1144· 10th Cir.· 1979-07-17 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) has primary jurisdiction to determine whether natural gas production is dedicated to interstate commerce, even if a state commission has approved abandonment.
• Shultz v. Nat'l Elec. Co., Inc.
  414 F.2d 1225· 10th Cir.· 1969-06-26 ·cited 2×
  The court held that the interstate movement of merchandise ended when it was unloaded at the consignee's warehouse dock, not when it was placed on shelves.
• Columbus Servs., Inc. v. Preferred Bldg. Maint., Inc.
  398 F.2d 80· 6th Cir.· 1968-07-23 ·cited 2×
  The court held that the trial court erred in granting summary judgment because genuine issues of material fact remained regarding the nature of the plaintiff's business activities and the enforceability of contract provisions.
• Asiatic Trans-Pacific, Inc. v. Maddox
  371 F.2d 132· 9th Cir.· 1967-01-19 ·cited 2×
  A privilege tax measured by gross receipts from services performed within the taxing jurisdiction is constitutionally permissible, even if those services are part of a larger interstate transaction, provided the taxpayer fails to demonstrate the portion of receipts derived from s
• Champion Spark Plug Co. v. T. G. Stores, Inc.
  356 F.2d 462· 4th Cir.· 1966-01-26 ·cited 2×
  The court held that the plaintiff was not engaged in intrastate commerce in Maryland and that the fair trade contract's 'fleet operator' exemption was too indefinite for enforcement.
• State Corp. Comm'n of Kan. v. Bartlett & Co.
  338 F.2d 495· 10th Cir.· 1964-11-27 ·cited 2×
  The federal Motor Carrier Act preempts state regulation of carriers transporting non-manufactured agricultural commodities in interstate commerce, including the specific exception for such hauls.
• Green v. W. Union Tel. Co.
  123 So. 2d 712· Fla.· 1960-06-29 ·cited 2×
  The Florida Supreme Court reversed a declaratory judgment that prohibited the State Comptroller from collecting a full gross receipts tax on Western Union's intrastate messages. The court held that although Western Union's transmission routing through Georgia constitutes intersta
• Waggener Paint Co. v. Paint Distribs., Inc.
  228 F.2d 111· 5th Cir.· 1955-12-23 ·cited 2×
  A foreign corporation's solicitation of orders for goods to be shipped from out-of-state into Texas constitutes interstate commerce, and Texas statutes requiring a permit for doing business in the state do not preclude access to courts for debts arising from such transactions.
• Sullivan v. United States
  161 F.2d 629· 5th Cir.· 1947-05-12 ·cited 2×
  The court held that the Federal Food, Drug, and Cosmetics Act does not apply to retail sales made by a merchant who is not the importer, after the interstate commerce movement has ended.
• Interstate Commerce Comm'n v. Columbus & G. RY. Co.
  153 F.2d 194· 5th Cir.· 1946-01-25 ·cited 2×
  The court held that the transportation of cotton from gins to a warehouse by motor vehicle, even if the cotton was ultimately destined for interstate commerce, was not itself interstate commerce subject to ICC regulation.
• United GAS Pipe Line Co. v. LEE
  154 Fla. 235· Fla.· 1944-03-07 ·cited 2×
  United Gas Pipe Line Company, a Delaware corporation engaged in interstate commerce, challenged a Florida excise tax on gas sales to customers in Florida. The Florida Supreme Court held that the tax, as applied to the company's purely interstate transactions, violated the Commerc
• Schroepfer v. A. S. Abell Co., Inc.
  138 F.2d 111· 4th Cir.· 1943-09-16 ·cited 2×
  Newspaper distributors delivering papers for local retail sale within a city are not engaged in interstate commerce under the Fair Labor Standards Act, even if the publisher is engaged in interstate commerce.
• State v. Lee
  132 Fla. 183· Fla.· 1938-01-05 ·cited 2×
  In this original mandamus proceeding, the Florida Supreme Court interpreted a mileage tax statute for auto transportation companies, holding that the tax applies to all miles traveled by trucks operating in the transportation business for compensation, including empty miles, not
• The State of Fla. ex rel. R. Hudson Burr v. Seaboard Air Line Ry. Co.
  92 Fla. 83· Fla.· 1926-08-10 ·cited 2×
  The Florida Supreme Court denied a railroad company's motion to file amended answers after peremptory writs of mandamus had been ordered. The court found that the proposed amendments did not alter the merits of the case, which had already been adjudicated on the original pleading
• In re Terazosin Hydrochloride Antitrust Litigation
  160 F. Supp. 2d 1365· S.D. Fla.· 2001-07-25 ·cited 1×
  The court held that indirect purchasers cannot pursue federal antitrust claims due to the Illinois Brick doctrine, but may pursue state antitrust claims if they have standing and the relevant state law permits such suits.
• Am. V.I.P. Limousines, Inc. v. Dade Cnty. Bd. of Cnty. Comm'rs
  757 F. Supp. 1382· S.D. Fla.· 1991-02-13 ·cited 1×
  The court held that the County's regulations and fees for limousine services at MIA did not violate the Commerce Clause or the Equal Protection Clause, as they were rationally related to legitimate government interests in traffic control and safety.
• Richman v. United States
  M.D. Fla.· 2022-01-24
  The court held that while there were plain errors in the indictment and guilty plea acceptance regarding the knowledge-of-status element, the petitioner failed to demonstrate that these errors affected his substantial rights or had a serious effect on judicial proceedings.
• Moulton v. DeSue
  602 F. Supp. 2d 711· M.D. Fla.· 2012-10-16
  The court held that genuine issues of material fact exist regarding whether the defendants acted with deliberate indifference to the deceased inmate's serious medical needs, precluding summary judgment and qualified immunity for most defendants. The court also found that the cons
• Lira v. Matthew's Marine Air Conditioner, Inc.
  741 F. Supp. 2d 1305· S.D. Fla.· 2010-09-28
  The court held that genuine issues of material fact remain regarding whether the defendant company is an enterprise subject to the FLSA and whether its officer is jointly and severally liable, thus denying the motions for summary judgment and involuntary dismissal.
• Latin Express Serv., Inc. v. State
  687 So. 2d 1342· Fla. 1st DCA· 1997-02-04
  Latin Express Service purchased nine buses titled in North Carolina and leased them to Fast Bus Lines for interstate commerce between Miami and New York. Florida's Department of Revenue assessed $175,000 in sales tax, which the court affirmed, holding that Latin Express was a dea