Philly Soda Tax Upheld by Court

In a 4-2 decision, the Pennsylvania Supreme Court upheld the validity of the Philadelphia soda tax, rejecting a major challenge brought by the beverage and food merchant industries. Philadelphia passed the new tax back in 2016 assessing distributors and dealers 1.5 cents per ounce on sugary beverages. The city cleverly drafted the tax to apply…

Read More »

But, There’s Still Texas

Over the past few years, it seems as though the last bastion of protection of rights for Americans has come from one court or another in the state of Texas and perhaps that will ring true again on the aforementioned issue of plastic bag bans. . Notwithstanding the polystyrene foam bans, plastic bag bans and…

Read More »

California Supreme Backs Yelp on Reviews

Speaking of state supreme courts, the California Supreme Court last week issued a ruling that online review site Yelp.com cannot be forced to remove posts from a third party against a business. In the case of Hassell v Bird, San Francisco personal injury lawyer Dawn Hassell objected to negative reviews she received from former client…

Read More »

Soda Tax Argued Before Supreme Court

The constitutionality of the controversial Philadelphia soda tax was argued before the Pennsylvania Supreme Court in Harrisburg earlier this week. The tax became effective almost a year and a half ago, but was immediately challenged by the beverage industry. In the absence of an injunction while the challenge made its way through the courts, Philadelphia…

Read More »

California Judge Orders Coffee Cancer Warnings

It’s the ultimate nanny-state after all, but a California judge has ordered coffee retailers throughout the state to post cancer warnings on coffee sold in the Golden State. Los Angeles Superior Court Judge Elihu Berle issued the order in a lawsuit initiated in 2010 by a non-profit group that alleged the companies were violating California…

Read More »

SCOTUS To Hear Right to Work

Speaking of upcoming court hearings and precedential decisions, the United States Supreme Court (SCOTUS) will hear oral arguments in the case of Janus v. American Federation of State, County and Municipal Employees (AFSCME) on February 26 according to the court’s February hearings calendar, just released on Wednesday. The Janus case, coming out of Illinois, presents…

Read More »

Baltimore Food Trucks Win Court Fight

Efforts by Baltimore to limit the locations of Food Trucks around the city that compete with brick-and-mortar businesses selling the same products were finally stopped in their tracks this week. A Baltimore City Circuit court judge found that the 2014 ordinance that prohibited food trucks from operating within 300 feet of a brick-and-mortar business offering…

Read More »

Court Rulings on Franchise Issues

There were a couple of cases decided recently that we thought would be worth bringing to your attention. The first involved a question of choice of law and forum selection that originated in Ohio and transferred to the Arizona federal court. In its decision, the Arizona court invalidated a choice of law and venue provision…

Read More »

Minneapolis Minimum Wage Challenged

The Minnesota Chamber of Commerce has formally challenged the Minneapolis $15 minimum wage ordinance in Hennepin County District Court. The business group contends the ordinance, which increases the minimum wage to $10 per hour effective January 1, is illegal in that it violates state law, which reserves the power to establish minimum wages to the…

Read More »

Right To Work Upheld In Seattle

A judge in Seattle issued a ruling last week boosting efforts of right to work advocates in Washington state. In hearing a challenge brought by Seattle local union of the SEIU, local 775, King County Superior Court Judge Steve Rosen dismissed a claim by SEIU 775 that a local think tank’s efforts to inform employees…

Read More »