Brann & Isaacson Files Petition for a Writ Certiorari on Behalf of Direct Marketing Association

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Brann & Isaacson Files Petition for a Writ Certiorari on Behalf of Direct Marketing Association


On Monday, August 29, 2016, the Direct Marketing Association filed a Petition for a Writ of Certiorari with the United States Supreme Court seeking review of the decision of the Tenth Circuit Court of Appeals in Direct Mktg. Ass’n v. Brohl, 814 F.3d 1129 (10th Cir. 2016). Brann & Isaacson senior partner George Isaacson and partner Matthew Schaefer are co-counsel to the DMA in the case. In the petition, the DMA seeks review of the Tenth Circuit’s ruling that a 2010 Colorado law that imposes onerous notice and reporting obligations solely on out-of-state retailers does not discriminate against interstate commerce in violation of the dormant Commerce Clause of the United States Constitution. The petition explains that the Tenth Circuit’s reasoning for its decision is profoundly flawed and presents a very real risk of exposing businesses engaged in interstate commerce in all industries, not merely the direct marketing space, to discriminatory state regulation.

A copy of the petition is available here.

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