Skadden, Arps, Slate, Meagher & Flom, LLP v. Michigan Department of Treasury

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-688 Mich. Ct. App. TBD TBD TBD TBD TBD

Issues: (1) Whether a state statute that retroactively imposes over $1 billion in increased tax liability on out-of-state businesses for the benefit of in-state businesses violates the dormant commerce clause; (2) whether a state tax law that has a 6 1/2-year period of retroactivity and targets out-of-state businesses for increased tax liability of over $1 billion violates the due process clause; and (3) whether a state's retroactive repeal of a central provision of the decades-old Multistate Tax Compact violates the contracts clause by imposing over $1 billion in retroactive tax liability on out-of-state taxpayers.

DateProceedings and Orders
Nov 21 2016Petition for a writ of certiorari filed. (Response due December 23, 2016)
Dec 21 2016Waiver of right of respondent Michigan Department of Treasury to respond filed.
Dec 22 2016Brief amicus curiae of Tax Executives Institute, Inc filed. VIDED.
Dec 22 2016Brief amicus curiae of The American College of Tax Counsel filed. VIDED.
Dec 23 2016Brief amici curiae of The National Association of Manufacturers, et al. filed. VIDED.
Dec 23 2016Brief amicus curiae of Council on State Taxation filed. VIDED.
Jan 3 2017DISTRIBUTED for Conference of January 19, 2017.
Jan 10 2017Response Requested . (Due February 9, 2017)
Feb 1 2017Order extending time to file response to petition to and including March 13, 2017.
Feb 9 2017Brief amicus curiae of Tax Foundation filed.
Mar 13 2017Brief of respondent Michigan Department of Treasury in opposition filed. VIDED.
Mar 27 2017Reply of petitioner Skadden, Arps, Slate, Meagher & Flom, LLP filed.
Mar 28 2017DISTRIBUTED for Conference of April 13, 2017.
Apr 17 2017DISTRIBUTED for Conference of April 21, 2017.
Apr 24 2017DISTRIBUTED for Conference of April 28, 2017.
 
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