ARTICLE
31 October 2010

Leave to Appeal Granted in NJ Throwout Cases: Whirlpool and Pfizer Advance Facial Unconstitutionality

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Morrison & Foerster LLP

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On October 21, 2010, the Supreme Court of New Jersey granted the motions for leave to appeal filed by Whirlpool Properties, Inc. and Pfizer Inc.
United States Litigation, Mediation & Arbitration
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On October 21, 2010, the Supreme Court of New Jersey granted the motions for leave to appeal filed by Whirlpool Properties, Inc. and Pfizer Inc. The Court accepted the appeals on the question: "Is N.J.S.A. 54:10A-6(B) of the New Jersey Corporation Business Tax Act, as amended in 2002, which is known as the 'Throwout Rule,' facially constitutional under the United States Constitution?".

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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