Practice Areas

Administrative Law
Antitrust
Appellate
Class Action
Commercial Litigation
Constitution — First Amendment
Constitution — Second Amendment
Constitution — Fifth Amendment
Constitution — Civil Rights
Constitution — Commerce Clause
Constitution — Separation of Powers
Constitution — Voting Rights
Election Law
Employment Litigation
Government Contracts
Healthcare Litigation
Intellectual Property
Qui Tam
Real Estate Litigation
State Representation
Telecommunication Litigation
Trial Practice
U.S. Supreme Court
U.S. Court of Appeals
Constitution — Commerce Clause

Constitution — Commerce Clause

Cooper & Kirk has litigated many cases involving the United States Constitution’s Commerce Clause. Other recent representations presenting Commerce Clause issues include a class action on behalf of flight attendants against an air carrier and a defense of Florida law barring business for conditioning service on the production of COVID-19 vaccine documentation. This experience has given the firm a breadth and depth of knowledge about the Commerce Clause.

Issue
Challenge to Alabama's State Corporate Franchise Tax
Level of Court
United States Supreme Court

Overview We represented the State of Alabama in the Supreme Court in a case challenging the State’s corporate franchise tax as it applied to out-of-state corporations. As a threshold matter, we maintained that the Court lacked jurisdiction over the State of Alabama under the Eleventh Amendment. On the merits, we urged the Court to abandon its Dormant Commerce Clause jurisprudence on the ground that it has no foundation in the Constitution. Mr. Cooper argued the case.

Issue
Defense of the Governor of Puerto Rico in alleged violation of the Interstate Commerce Clause
Level of Court
US Court of Appeals - DC Circuit

Overview We successfully represented Sila M. Calderon, Governor of the Commonwealth of Puerto Rico, in an action filed in U.S. District Court in Washington, D.C. by Coors. Coors’ lawsuit challenged Puerto Rico’s graduated beer tax regime as an alleged violation of the Interstate Commerce Clause of the United States Constitution. We successfully defended the Governor in the district court action. After full briefing before the U.S. Court of Appeals for the District of Columbia Circuit, Coors dismissed its appeal.