No. 21-279

Grand River Enterprises Six Nations Ltd. v. Mark Boughton

Lower Court: Second Circuit
Docketed: 2021-08-25
Status: Denied
Type: Paid
Tags: dormant-commerce-clause due-process extraterritorial-effect extraterritorial-regulation federal-preemption indian-commerce private-business-data private-data state-jurisdiction supremacy-clause
Latest Conference: 2022-01-07
Question Presented (from Petition)

1. Whether Connecticut impermissibly regulates or controls conduct beyond the
boundaries of the State in violation of the dormant Commerce Clause when, as a
condition of allowing a manufacturer's products to be sold in the state, Connecticut
forces the manufacturer to obtain and provide private sales and shipping
information possessed by non-Connecticut distributors doing no business in
Connecticut and having no nexus with Connecticut.

2. Whether Connecticut violates Due Process protections when it bans a
manufacturer's products from being sold in the state, if the manufacturer fails to
obtain and provide to Connecticut private sales and shipping information possessed
by non-Connecticut distributors relating to their distribution of products in
jurisdictions other than Connecticut.

3. Whether Connecticut violates the Supremacy Clause when, as a condition of
allowing a manufacturer's products to be sold in the state, Connecticut forces the
manufacturer to obtain and provide private sales and shipping information
possessed by non-Connecticut distributors who conduct no business in Connecticut
nor distribute the manufacturer's products to, or in, Connecticut.

Question Presented (AI Summary)

Whether Connecticut impermissibly regulates or controls conduct beyond the boundaries of the State in violation of the dormant Commerce Clause

Docket Entries

2022-01-10
Petition DENIED.
2021-12-17
Reply of petitioner Grand River Enterprises Six Nations, Ltd. filed. (Distributed)
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-11-19
Brief of respondent Mark Boughton in opposition filed.
2021-09-08
Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2021.
2021-09-07
Motion to extend the time to file a response from September 24, 2021 to November 23, 2021, submitted to The Clerk.
2021-08-23
Petition for a writ of certiorari filed. (Response due September 24, 2021)

Attorneys

Grand River Enterprises Six Nations, Ltd.
Kelli Jean KeeganBarnhouse Keegan Solimon & West LLP, Petitioner
Mark Boughton
Joseph James ChambersConnecticut Office of the Attorney General, Respondent