California: Slow Down on Your Harley-Davidson

Overview


In Depth


Arthur Rosen, Alysse McLoughlin, and Richard Call wrote this bylined article on the California Court of Appeal’s Harley-Davidson decision, arguing that the court misapplied standard principles to expand nexus beyond what is allowed under the Commerce Clause. The authors wrote that the decision “could have significant ramifications for many out-of-state businesses and could result in significant burdens being imposed on interstate commerce” because its test for nexus “is too broad; it is not clear what business activities would not satisfy this test.”