..and the water gets muddier.
- posted
12 years ago
..and the water gets muddier.
I'm beginning to think the Court is just stubbornly waiting for Congress to take this on. In 1992, in Quill, the Court made it clear that systematic exploitation of the market is enough connection to meet due process standards. "Substantial nexus" is a commerce clause problem, and it's up to Congress to define what that is; the Court just isn't going to do it for them.
So keep your eyes on BATSA (HR 1439) and the Main Street Fairness Act (HR 2701, S 1452).
Katie in San Diego
I'm not surprised. The courts generally allow jurisdiction, nexis, when a person or company intentionally and on a more than one-off basis, gets any benefit from another state.
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