Constitutional Law Win: The Block Firm Successfully Challenges Unconstitutional Kentucky Statute that Unduly Burdens Small Businesses

In Online Merchants Guild v. Daniel Cameron, Attorney General of Kentucky (E.D. Kentucky 2020), the Block Firm, along with Rafelson Schick and Deatherage, Myers & Lackey, brought suit on behalf of the Online Merchants Guild to enjoin the Kentucky Attorney General’s application of price-gouging statutes to merchants who sell on Amazon, an interstate platform where prices are not state-specific. Following oral argument by Aaron Block, the U.S. Federal District Court, Eastern District of Kentucky, agreed that the price-gouging statutes violated the “dormant” Commerce Clause, under which certain categories of state economic regulations are constitutionally invalid because they unduly burden extraterritorial commerce. The Kentucky Attorney General has appealed this case to the United States Court of Appeals for the Sixth Circuit, where the Online Merchants Guild continues to be represented by the Block Firm and its partners. Read the full story here: “Court Enjoins Ky. Price-Gouging Statute as Extraterritorial,” Law Street.

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