The ABA Business Law Section Backgrounder may be accessed HERE. 1UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ALABAMANORTHEASTERN DIVISIONNATIONAL SMALL BUSINESS )UNITED, d/b/a the NATIONAL )SMALL BUSINESS )ASSOCIATION, et al., ))Plaintiffs, ))v. ) Case No. 5:22-cv-1448-LCB)JANET YELLEN, in her official )capacity as Secretary of the )Treasury, et al., ))Defendants. )MEMORANDUM OPINIONThe late Justice Antonin Scalia once remarked that… [read post]

Alabama Department of Revenue Docket: 09-520 Issue: Whether a state’s exemption of railroad competitors, but not railroads, from a generally applicable sales and use tax is subject to challenge as “another tax that discriminates against a rail carrier” under Section 306(1)(d) of the Railroad Revitalization and Regulatory Reform Act of 1976, 49 U.S.C. [read post]