Petitions of the week

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: Cases in the Pipeline

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