Law Court Affirms B&I Trial Court Victory

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Peter Brann and Michael Carey prevailed today in the Law Court, Maine’s highest court, on an appeal concerning a class action lawsuit challenging a probate judge’s scheduling decisions on constitutional grounds. Brann and Carey took over the defense just prior to trial and won despite findings by the trial judge that the probate judge knew...

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George Isaacson Testifies Before House Judiciary Committee

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On July 25, 2017, Senior Partner George Isaacson gave testimony to the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee in Washington, DC. His subject was state regulatory overreach and its negative impact on American business and consumers. In his testimony, available here, Isaacson addressed the increasing problem of extra–territorial...

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Texas Welcomes TC Heartland

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What does the Supreme Court opinion in TC Heartland mean for the business of patent litigation in Texas—particularly the Eastern District of Texas? On first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled the Eastern District of Texas to land 40% of all newly filed patent cases. The...

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ACMA and NetChoice File Suit Challenging Wyoming and Indiana Anti-Quill Laws

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Last week, on behalf of the American Catalog Mailers Association and NetChoice, Brann & Isaacson initiated lawsuits in state court in Wyoming and Indiana, challenging the constitutionality of each state’s “economic nexus” statute, due to take effect July 1, 2017.  On Wednesday, June 28, the associations filed suit in Circuit Court in Laramie County, Wyoming...

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ACMA and NetChoice Prevail In Challenge To Massachusetts Tax Rule For Internet Sellers

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On June 28, 2017, in response to a lawsuit filed by Brann & Isaacson on behalf of the American Catalog Mailers Association and NetChoice, the Massachusetts Superior Court entered an immediate judgment halting implementation of Massachusetts Department of Revenue Directive 17–1, “Requirement that Out-of-State Internet Vendors with Significant Massachusetts Sales Must Collect Sales or Use...

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Supreme Court’s Federal Circuit Reversal Streak Continues

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The 2016 Term of the Supreme Court has not been kind to the Federal Circuit Court of Appeals, the specialized appellate court that handles all patent appeals. In each of the six patent cases from the Federal Circuit decided by the Supreme Court, reversal was the result. Specifically, the high court: Reversed the Federal Circuit...

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School District Prevails In Major First Amendment Jury Trial

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On June 12, 2017, a federal jury entered a unanimous defense verdict in favor of School Administrative District 75 in a long–running First Amendment test case over whether a special education student had a constitutionally protected right carry an all–day recording device at school. After prevailing on the majority of issues at the summary judgment...

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B&I Issues Summer Estate Planning Alert

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Partners Martha E. Greene and Kenleigh A. Nicoletta have issued their summer estate planning alert for 2017. The focus of this bulletin is “Maximizing Flexibility in Your Estate Plan.” They address such issues as planning for one’s own incapacity, providing for disabled adult children, and addressing creditor and college debt issues. A full copy of...

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Brann & Isaacson Files Challenge To Massachusetts Rule Targeting Internet Retailers

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On Friday, June 9, 2017, American Catalog Mailers Association and NetChoice filed suit against the Commissioner of the Massachusetts Department of Revenue to block implementation of a Massachusetts rule, due to go into effect on July 1, 2017, under which certain Internet retailers without any physical presence in Massachusetts would nonetheless be required to collect...

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Supreme Court Sharply Limits Patent Forum–Shopping In TC Heartland

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Today, May 22, 2017, the Supreme Court struck a powerful blow against forum–shopping in patent litigation and the related patent troll plague. In a concise opinion by Justice Thomas in TC Heartland v. Kraft Foods Group Brands, a unanimous Supreme Court held that a domestic corporation “resides” only in its State of incorporation for purpose...

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