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:

18-1086

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.

18-1097

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.

Posted in Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc., SkyWest Inc. v. Hirst, Cases in the Pipeline

Recommended Citation: Aurora Barnes, Petitions of the week, SCOTUSblog (Mar. 22, 2019, 10:24 AM), https://www.scotusblog.com/2019/03/petitions-of-the-week-36/