New Dormant Commerce Clause Lawsuit Filed in Arizona by a Florida Retailer

A new dormant Commerce Clause lawsuit has been filed in Arizona alleging that state law prohibits out of state retailers from shipping to consumers while allowing in state retailers that right.

The lawsuit is filed on behalf of a Florida retailer, its owner, and two Arizona residents. It is filed by the same law firm that has brought over a dozen similar challenges. With the 9th Circuit recently rejecting the attempt to challenge California law on standing grounds, the law firm apparently is bringing a new case within the boundaries of the Ninth Circuit as it seeks to create some form of circuit conflict on this issue.

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