No. 20-571

Yoel Weisshaus v. Port Authority of New York and New Jersey

Lower Court: Second Circuit
Docketed: 2020-10-30
Status: Denied
Type: Paid
Tags: commerce-clause congressional-authority dormant-commerce-clause legal-tender pleading-standards price-fixing state-regulation
Key Terms:
Securities
Latest Conference: 2021-01-08
Question Presented (from Petition)

1. When Congress exercises authority under the Commerce Clause, whether a negative impact to that act of Congress is actionable within the parameters of the dormant Commerce Clause?

2. Whether a State agency may impose a surcharge or penalty for the use of cash as legal tender?

3. Whether the dormant Commerce Clause allows using the Cost-Of-Living-Adjustment and the regional Consumer Price Index as the ground for price fixing in establishing a toll rate, based on what a local authority deems is the user's maximum adorability, rather than a fair approximation of the use or privilege?

4. Whether a complaint is required to plead extra facts to exclude any alternative theory, as held by the Ninth Circuit and applied by the Second Circuit, or that a complaint does not need to exclude alternative theories, as held by the Fourth Circuit?

Question Presented (AI Summary)

When Congress exercises authority under the Commerce Clause, whether a negative impact to that act of Congress is actionable within the parameters of the dormant Commerce Clause?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-10-26
Petition for a writ of certiorari filed. (Response due November 30, 2020)

Attorneys

Yoel Weisshaus
Yoel Weisshaus — Petitioner