Los Angeles v. Kern, No. 07-56564
In a dormant Commerce Clause action by recyclers challenging a local ordinance banning a particular method of waste disposal, summary judgment for plaintiffs is reversed in part with instructions to dismiss where the recyclers' injury was not even marginally related to the interests the Commerce Clause seeks to safeguard. The ruling is vacated and remanded in part where the circuit court's dismissal of the federal constitutional claim might materially alter the district court's decision to exercise supplemental jurisdiction over plaintiffs' preemption claim.
Read Los Angeles v. Kern, No. 07-56564
Argued and Submitted March 2, 2009
Submission vacated March 19, 2009
Resubmitted September 9, 2009
Filed September 9, 2009
Opinion by Judge O'Scannlain
Steven L. Mayer, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, CA
Adam Polakoff, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, CA
Thomas S. Hixon, Bingham McCutchen LLP, Los Angeles, CA
Marc R. Bruner, Bingham McCutchen LLP, Los Angeles, CA
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