Tanenbaum Keale LLP partner Afigo I. Okpewho-Fadahunsi recently co-authored a chapter in the American Bar Association’s quarterly published Tort Trial & Insurance Practice Law Journal in which she offers insight into pivotal decisions of the U.S. Supreme Court during the 2017-2018 term, some of which highlight the Court’s shifting landscape.

For instance, in South Dakota v. Wayfair, Inc., the Court conferred upon states the right to collect tax on purchases made from out-of-state sellers, even if the seller does not have a physical presence in that taxing state. And, in Ohio v. American Express Co., the Court held that, “anti-steering provisions in the contracts between American Express and the merchants who accept its credit cards do not violate antitrust law by creating an unreasonable restraint of trade.”

In addition, Okpewho-Fadahunsi and her colleagues analyze cases addressing complex and nuanced federal jurisdiction and procedural questions, as well as landmark civil rights and liberties rulings—namely, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, which tested the boundaries of religious freedom, and Carpenter v. United States, an examination of the tension between the Fourth Amendment’s privacy protections and law enforcement’s use of cell phone records to investigate crimes.

To read the article, click here.