Friday, October 31, 2014

What the heck is going on in the Ninth Circuit on the resale royalty case?

I'm the first to admit I'm not a commerce clause expert (dormant or otherwise), but it has always seemed to me that the resale royalty case was pretty simple and straightforward.  That's certainly how it seemed in the recent oral argument on the appeal.  Now, however, it seems the Ninth Circuit has ordered an en banc review, on account of "a potential conflict in circuit precedent on Commerce Clause applicability to state actions."  Nicholas O'Donnell has some thoughts here.