Bradley Arant Partner Bruce Ely Quoted in Westlaw on 10th Circuit’s DMA v. Brohl Ruling

Westlaw Journal

Media Mention

State and Local Tax (SALT) attorney Bruce Ely was quoted in the Westlaw Journal Computer & Internet on the 10th Circuit’s ruling in Direct Marketing Association v. Brohl upholding a Colorado law imposing notification and reporting requirements on out-of-state retailers. The 10th Circuit analyzed the Colorado law on remand to determine if it violated the dormant Commerce Clause, discriminated against out-of-state retailers or placed an undue burden on interstate commerce; the three-judge panel held that it did not. While the DMA has asked for time to file a rehearing petition, Ely doubts it will be granted.

“With a 3-0 vote and such a strong opinion, it’s pretty clear that the judges have their minds made up and I doubt the other judges on the 10th Circuit wish to intervene,” Ely said.

Read the complete article, “10th Circuit Upholds Colorado’s Tax Scheme For Out-Of-State Retailers,” which appeared in Westlaw Journal Computer & Internet on March 11, 2016.