Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: Fresno Municipal Code

A Note of Caution: Inflation, Price Increases, and the Lingering States of Emergencies

Many companies have increased prices in recent months.  Reportedly, across the economy, prices “rose by 5 percent in May compared with a year ago.” Restaurants are raising prices to cover the cost of increases in wages in a tight labor market.  The prices of used and rental cars are quickly rising, due to low inventory … Continue Reading

Sixth Circuit Remands Price Gouging Case, Allows Kentucky AG to Resume Investigations

The Sixth Circuit issued its opinion in the Online Merchants Guild v. Cameron case on April 29, 2021, dissolving a preliminary injunction that had prevented the Kentucky Attorney General from investigating alleged violations of Kentucky’s price gouging laws, and remanding to the district court for further proceedings.… Continue Reading

Updates to Price Gouging States of Emergency

Over a year ago, states of emergency were declared across the country. Such emergency declarations are often the trigger for state pricing restrictions.  Tracking the start and end of the emergency declarations is essential for interpreting the pricing restrictions they impose. For instance, in Oklahoma, the pricing restrictions remain in place throughout the duration of … Continue Reading

A Comedy of Errors Sinks a Local Government’s Price Gouging Case

In a case of mistaken identity and a web of conflicting testimony, a Fresno local business successfully appealed a price gouging fine.  The saga between the store and the City of Fresno offers insights in the importance of maintaining proper business records to defend potential price gouging allegations. On April 8, 2021, an Administrative Hearing … Continue Reading
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