Supreme Court hearing case about online sales tax collection

Legal Insight 2018/04/13 17:04   Bookmark and Share
The Supreme Court is hearing arguments about whether a rule it announced decades ago in a case involving a catalog retailer should still apply in the age of the internet.

The case on Tuesday focuses on businesses' collection of sales tax on online purchases. Right now, under the decades-old Supreme Court rule, if a business is shipping a product to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax. Customers are generally supposed to pay the tax to the state themselves, but the vast majority don't.

States say that as a result of the rule and the growth of internet shopping, they're losing billions of dollars in tax revenue every year. More than 40 states are asking the Supreme Court to abandon the rule.

Large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from their customers who buy online. But other online sellers that only have a physical presence in a few states can sidestep charging customers sales tax when they're shipping to addresses outside those states.

Sellers who defend the current rule say collecting sales tax nationwide is complex and costly, especially for small sellers. That complexity was a concern for the Supreme Court when it announced the physical presence rule in a case involving a catalog retailer in 1967, a rule it reaffirmed in 1992. But states say software has now made collecting sales tax easy.

The case the court is hearing has to do with a law passed by South Dakota in 2016, a law designed to challenge the Supreme Court's physical presence rule. The law requires out-of-state sellers who do more than $100,000 of business in the state or more than 200 transactions annually with state residents to collect and turn over sales tax to the state.

The state wanted out-of-state retailers to begin collecting the tax and sued Overstock.com, home goods company Wayfair and electronics retailer Newegg. The state has conceded in court, however, that it can only win by persuading the Supreme Court to do away with its current physical presence rule.
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Democrats Claim Victory In Wisconsin's Supreme Court Race

Legal Insight 2018/04/05 21:33   Bookmark and Share
In Wisconsin Tuesday, Milwaukee County Judge Rebecca Dallet won a seat on the state Supreme Court, riding a wave of Democratic enthusiasm to victory in this (officially) nonpartisan election.

The race drew national attention, mostly from big-name Democrats from around the country who saw it as an opportunity build momentum before the general election in November.

Dallet won the seat over her opponent, Judge Michael Screnock from Sauk County, Wisc., a former conservative-activist turned lawyer.

"I think my message resonated with Wisconsinites," Dallet told supporters in Milwaukee Tuesday night. "People are tired of special interests ruling and wanted to speak up."

With the win, she will replace outgoing conservative Justice Michael Gableman, bringing the court's 5-2 conservative majority down to 4-3.

While the state's Supreme Court seats are non-partisan, candidates have long found ways to send hints about their political leanings, but this year's race was overtly partisan.

Dallet's first TV ad featured grainy black and white footage of President Donald Trump, warning voters that their values were under attack.

Her endorsements came from former U.S. Attorney General Eric Holder, former Vice President Joe Biden and New Jersey Sen. Cory Booker.

Holder's National Democratic Redistricting Committee ran ads on Dallet's behalf, and he campaigned for her last month during stops in Wisconsin. In a statement Tuesday night, Holder said, "Today, the voters of Wisconsin took a critical first step toward a state government that better reflects their needs and interests."

Screnock, meanwhile, argued Dallet's overtures to Democrats showed she would be an "activist" on the court, but Screnock himself received $300,000 from the Republican Party of Wisconsin, the most a political party has ever spent on a Supreme Court candidate in the state's history.
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Supreme Court rejects appeal from Middle East attack victims

Legal Insight 2018/04/01 21:34   Bookmark and Share
The Supreme Court is rejecting an appeal from American victims of terrorist attacks in the Middle East more than a decade ago.

The justices are not commenting Monday in ending a lawsuit against the PLO and Palestinian Authority in connection with attacks in Israel in 2002 and 2004 that killed 33 people. A lower court tossed out a $654 million verdict against the Palestinians.

The Trump administration sided with the Palestinians in calling on the high court to leave the lower court ruling in place. The federal appeals court in New York said U.S. courts can't consider lawsuits against foreign-based groups over random attacks that were not aimed at the United States.

The victims sued under the Anti-Terrorism Act, passed to open U.S. courts to American victims of international terrorism.
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Randle, an enforcer on the court, is a gentle giant elsewhere

Legal Insight 2018/03/22 18:09   Bookmark and Share
Nick Young and Jordan Clarkson were not scheduled to speak at Julius Randle’s wedding. It was an elegant affair, bathed in white roses to celebrate a love that began almost instantly when Randle met Kendra Shaw at a friend’s party in college.

The friend who introduced them spoke at the reception. A coach who grew to be like a brother to Randle spoke. So did some childhood friends.

Then Young and Clarkson, lubricated by wedding wine and the firm belief that the wedding guests expected their shenanigans, got an idea. They loved Randle. The people needed to hear them, they presumed. Together, they took the microphone.

Clarkson, then Randle’s teammate with the Lakers, declared he couldn’t stand Randle when they first met. Randle’s punishing style of play in high school irked Clarkson’s friends who played against him back in Texas. Just as Randle’s mother reared up to protect her sweet baby boy, Clarkson finished, saying as he got to know Randle as part of the same Lakers rookie class in 2014, he learned Randle would do anything for his friends and loved ones.
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Courts weighing numerous challenges to political boundaries

Legal Insight 2018/03/17 18:10   Bookmark and Share
The U.S. Supreme Court is scheduled to hear arguments Wednesday on a lawsuit alleging partisan gerrymandering in the drawing of a Maryland congressional district. Eight years after the 2010 Census provided the basis for legislative redistricting, several other cases alleging unconstitutional gerrymandering in various states also are still working their way through the court system.

In Pennsylvania, a recent court ruling reshaped congressional districts for this year's elections. But many of the other cases could have a greater impact in the years to come. That's because they could set precedents that states must follow during the next round of redistricting after the 2020 Census.

Here's a look at some key redistricting cases ruled upon recently or still pending in courts: A federal court in November 2016 struck down Wisconsin's state Assembly districts enacted in 2011 by the Republican-led Legislature and Republican governor as an unconstitutional partisan gerrymander in violation of Democratic voters' rights to representation. The U.S. Supreme Court heard arguments in October 2017 and has yet to rule in the case. It could set a precedent for whether and how courts can determine if partisan gerrymandering is unconstitutional.
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USCIS will reject any petition that includes an incorrect fee payment

Legal Insight 2018/03/16 18:10   Bookmark and Share
USCIS will reject and return the petitions and associated filing fees to petitioners that were not selected, as well as any cap-subject petitions received after Feb. 27.

In January, the Department of Labor announced a change to its process of issuing labor certifications. As a result, on Feb. 7 USCIS advised of the likely need to conduct an H-2B visa lottery for the second half of FY18. As was noted in that Feb. 7 statement, USCIS would be maintaining a flexible approach to this issue by ensuring H-2B visas were allocated fairly and would not exceed the cap.

USCIS continues to accept H-2B petitions that are exempt from, or not counted towards, the congressionally mandated cap. This includes petitions for the following workers:
•Current H-2B workers in the United States seeking to extend their stay and, if applicable, change the terms of their employment or change their employers;
•Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
•Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam, until Dec. 31, 2019.

H-2B petitioners may continue to request premium processing together with their H-2B petition. However, please note that because the final receipt date was one of the first five business days of the filing season, petitions accepted in the lottery will be given a receipt date of March 1, 2018. Premium processing service for these petitions began on that receipt date.

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