chain of causation

a series of events in the life of a lawyer

Short Quips: June 18, 2009

  • Last I checked, I’m fairly certain the Commerce Clause (and in particular the Dormant Commerce Clause) would stop Massachusetts from requiring a New Hampshire business to collect MA sales tax from customers coming over the border to purchase goods to be brought back to MA. Although MA would be perfectly fine to tax its own residents (and nominally does in the form of a “use” tax) it seems a bit of a reach to presume that all purchasers with MA identification will be consuming their goods in MA. There’s also the logistical nightmare of every vendor across the nation having to track 50+ state jurisdictions for sales tax plus the innumerable local jurisdictions imposing a local sales tax. Interstate Confiscation Clause.
  • Given that newspapers are less than solvent these days this might not be quite the perfect analogy but I believe it is fair to say that newspapers haven’t been driven into the ground by lawsuits alleging that they should have policed their classified sections better to prohibit the sale of a gun to a party who subsequently commits a crime with it. Apparently someone thought Craigslist should get special treatment (and it does, but in the form of Section 230 immunity): CraigsList Not Liable for Shooting That Used a Gun Sold Via a Craigslist Ad [via The Volokh Conspiracy]
  • If title insurance companies are paid to search the chain of title on a property and issue insurance based on their search, then A: why would they sue an attorney who relied on the title report when it turns out that there was a defect in the chain of title not found during the search and B: if it’s the attorney’s job to verify the chain of title, why are attorneys paying the title insurance companies to verify chain of title? Chicago Title Suit Warns Lawyers About Relying on Title Reports [via ABA Journal]

Written by Vincent Kan

June 18, 2009 at 5:53 pm

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