Petitions of the week
on Mar 22, 2019 at 10:24 am
This week we highlight petitions pending before the Supreme Court that address whether federal preclusion principles limit the what defenses a defendant can raise when a plaintiff asserts new claims and when a state law might be exempt from the dormant commerce clause.
The petitions of the week are:
Issue: Whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties.
Issues: (1) Whether a state law is exempt from the dormant commerce clause merely because it does not discriminate against interstate commerce; and (2) whether a state law is exempt from the dormant commerce clause merely because Congress has passed a federal statute saving the law from pre-emption under that statute.