United States Ninth Circuit

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Daniels Sharpsmart, Inc. v. Smith, 17-16424

Affirming the district court's grant of a preliminary injunction enjoining the California Department of Public Health officials from enforcing the California Medical Waste Management Act against a company and reversing the denial of the Department officials' motion to dismiss on the basis of qualified community because the plaintiff was likely to succeed in its claim that the Department officials' application of the Act was a per se violation of the dormant Commerce Clause.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/05/02




  • United States Ninth Circuit


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