Tag Archives: Michael J. Mueller

Ninth Circuit Clears the Way for Surcharges on Credit Card Payments in California

On January 3, 2018, the Ninth Circuit found unconstitutional a California law barring retailers from imposing surcharges on customers using credit cards. The ruling has important implications for retailers operating in California and potentially for retailers operating in several other states with similar bans on credit card surcharges. … Continue Reading

Supreme Court Again Tightens Jurisdictional Requirements for Claims Against Out-of-State Defendants

On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.… Continue Reading

Eleventh Circuit Finds Restraint on Product Labeling Violation of First Amendment

Recently, in a case that should remind retailers and their suppliers to consider their First Amendment rights as they relate to the regulation of product labeling, the Eleventh Circuit Court of Appeals held that the actions of the Florida Commissioner of Agriculture and the Chief of the Florida Bureau of Dairy Industry violated a dairy company’s First Amendment rights relating to use of the term “skim milk.”… Continue Reading

Supreme Court Issues Decision in Spokeo v. Robins; Must Allege Concrete Injury For Technical Statutory Violations

On May 16, 2016, the United States Supreme Court rendered its decision in Spokeo, Inc. v. Robins. In an opinion authored by Justice Alito, the Court held that a plaintiff must do more than plead a statutory procedural violation to establish standing; to plead an injury in fact, a plaintiff also must allege a harm that is both “concrete” and “particularized.” … Continue Reading
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