Friday, December 28, 2012

Eleventh Circuit -- Florida Transportation Services, Inc. v. Miami-Dade County


In-state company has sufficient prudential standing to challenge exclusionary licensing scheme under the Dormant Commerce Clause.

Local permitting scheme that excludes new entrants to the market plainly imposes a burden on interstate commerce, regardless of where the existing and potential entrants to the market are incorporated.

No local benefit rationally furthered by the licensing scheme.

Market participant exception doesn't apply, as the locality doesn't provide stevedoring services.

Lost profits properly awarded, given likelihood of licensure and proven willingness of market participants to do business with new entrants to the market.

Florida Transportation Services, Inc. v. Miami-Dade County
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.