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United States Second Circuit

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Schoenefeld v. Schneiderman, 11-4283

In a challenge to a N.Y. Judiciary Law section 470, which requires nonresident attorneys to maintain an 'office for the transaction of law business' within New York State in order to practice law in that state's courts, the District Court's judgment declaring section 470 unconstitutional under the Privileges and Immunities Clause, is reversed where the law does not violate the Privileges and Immunities Clause because it was enacted not for a protectionist purpose to favor New York resident attorneys but, rather, to provide a means whereby nonresidents could establish a physical presence in the state akin to that of residents, thereby resolving a service concern while allowing nonresidents to practice law in the state's courts.

Appellate Information

  • Decided
  • Published 2016/04/22




  • United States Second Circuit


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