Justia Antitrust & Trade Regulation Opinion SummariesArticles Posted in Tax Law
Employers Resource Mgmt Co v. Kealy
Employers Resource Management Company (“Employers”) returned to the Idaho Supreme Court in a second appeal against the Idaho Department of Commerce. In 2014, the Idaho Legislature passed the Idaho Reimbursement Incentive Act (“IRIA”). The Economic Advisory Council (“EAC”), a body created under IRIA to approve or deny tax credit applications, granted a $6.5 million tax credit to the web-based Illinois corporation Paylocity, a competitor to Employers Resource Management Company. Employers claimed Paylocity’s tax credit created an unfair economic advantage. Paylocity, however, had yet to receive the tax credit because it did not satisfy the conditions in the Tax Reimbursement Incentive agreement. Having established competitor standing in Employers Res. Mgmt. Co. v. Ronk, 405 P.3d 33 (2017), Employers argued the Idaho Reimbursement Incentive Act was unconstitutional under the separation of powers doctrine. The district court dismissed Employers’s case upon finding the Act constitutional. Finding no reversible error in that judgment, the Idaho Supreme Court affirmed. View "Employers Resource Mgmt Co v. Kealy" on Justia Law
Holbrook v. Healthport, Inc.
Appellant requested her medical records from a medical clinic. Pursuant to its contract with Appellant's medical care provider, Healthport, Inc., a private company that fulfills such requests for medical records, obtained and sold Appellant the copies of her requested medical records. Healthport collected sales tax on charges for services rendered in retrieving and copying the medical records. Appellant subsequently filed a class-action complaint against Healthport for violation of the Arkansas Deceptive Trade Practices Act (ADTPA), unjust enrichment, and a declaratory judgment that Healthport illegally collected the sales tax. Healthport impleaded the Arkansas Department of Finance and Administration (DF&A) by filing a counterclaim and a third-party complaint seeking declaratory judgment on whether the State's tax statutes require the collection of sales tax on labor and copy charges associated with the production of medical records. The circuit court granted Healthport's and DF&A's motions for summary judgment, finding that sales tax applied to the sale of copies of medical records and that this conclusion rendered Appellant's additional claims moot. The Supreme Court dismissed Appellant's appeal without prejudice for lack of a proper Ark. R. Civ. P. 54(b) certificate, as the circuit court's Rule 54(b) certificate failed to comply with Rule 54(b).View "Holbrook v. Healthport, Inc." on Justia Law
Weber v. St. Louis County
St. Louis County enacted an ordinance that established a new trash collection program in the county. Specifically, the ordinance authorized the county to establish trash collection areas in the county and allowed the county executive to advertise for bids or proposals to provide services for trash collection in the designated areas and award contracts to selected trash haulers. The County subsequently enacted an ordinance prohibiting trash haulers that were not selected in the bidding process from providing trash collection services within the eight designated collection areas. Taxpayers living in the waste collection areas then filed a class action petition, alleging (1) the County violated its charter and Mo. Rev. Stat. 260.247, violations that deemed the trash collection program void, and (2) the respondents violated the Missouri Merchandising Practices Act (MPA). The trial court granted the respondents' motion to dismiss for failure to state a claim. On appeal, the Supreme Court affirmed, holding (1) the County did not violate its charter, (2) the taxpayers did not have standing to file a claim under Section 260.247, and (3) the taxypayers' claim under the MPA was derivative of their claims that the trash collection program was void, so that claim also failed.View "Weber v. St. Louis County " on Justia Law