The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Call: (951) 221-4744

  • Our Firm
  • Attorney Profile
  • Practice Areas
    • Real Estate Law
    • Construction Law
    • Foreclosures
    • Business Law
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Contract Disputes
    • Insurance
    • Loan Modifications
    • Personal Injury & Wrongful Death
  • Case Handling
  • Clients
  • Blog
  • Contact

California Statute Violates The Dormant Commerce Clause.

August 3, 2015 by

Dormant Commerce ClauseThe issue revolves around the dormant Commerce Clause, which is a limitation upon the power of the States to prohibit discrimination against interstate commerce. The statute involved is California’s Resale Royalty Act [Civil Code section 986(a)] which requires the seller of fine art to pay the artist a five percent royalty if the seller resides in California or the sale takes place in California. Plaintiffs are artists who claim auction houses and retailers violated the Act by failing to pay them royalties on sales of their fine art. The Ninth Circuit, sitting en banc, held the Act violates the dormant Commerce Clause insofar as it regulates sales outside California, but that the offending provision is severable from the remainder of the statute. (Sam Francis Found. v. Christies, Inc. (Ninth Cir.; May 5, 2015) 784 F.3d 1320.)

Filed Under: Appellate Law News, Constitutional Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 784 F.3d 1320, Civ.Code § 986(a), Civil Code section 986(a)

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

Are You Dealing with a Homeowner Construction Issue?

August 2, 2022 By Mark Mellor

Homeowner construction flaws and unforeseen shortcomings can quickly become complex and difficult to manage. With the amount of work involved in the construction process, there's a high potential for errors to occur at any stage. If something goes wrong, it can be hard to know … Read More...

How Does Foreclosure Work?

July 26, 2022 By Mark Mellor

The rate of foreclosures for May 2022 in the US was about 1 out of every 4,500 houses. The first step in the foreclosure process is usually a notice of default from your lender. This notice means that you have fallen behind on your mortgage payments, and will state how much you … Read More...

Legal Options for Foreclosure

June 30, 2022 By Mark Mellor

Are you behind on your mortgage payments and facing foreclosure? Do you not know what to do or where to turn? You are not alone. Millions of Americans each year find themselves in the same situation. Foreclosure can be a very frightening process, but you have legal options. Learn … Read More...

Follow Mellor Law Firm

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Our Areas of Practice

  • Real Estate
  • Construction Law
  • Mechanic’s Lien – Stop Notice
  • Foreclosures
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Navigate

  • Home
  • Our Firm
  • Mark Mellor
  • Practice Areas
  • Case Handling
  • Clients
  • Resources
  • Contact
  • Blog
  • Privacy Policy

Practice Areas

  • Real Estate
  • Construction Law
  • Mechanic’s Lien – Stop Notice
  • Foreclosures
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • Are You Dealing with a Homeowner Construction Issue?
  • How Does Foreclosure Work?
  • Legal Options for Foreclosure
  • Do You Need a Lawyer for Your Insurance Claim?

Follow Us

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Contact our offices

The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

The Mellor Law Firm, APLC © 2022. All Rights Reserved.