American Trucking Associations v. McNulty

I disagree with the decision of the majority in choosing a purely prospective application of the constitutional decision in the instant litigation such that the Appellees will not be beneficially affected by the change in law they successfully championed. In my judgment, the majority decision improperly ignores the recent U.S. Supreme Court decision in McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Dept. of Business Regulations of Fla., 496 U.S. *22918, 110 S.Ct. 2238, 110 L.Ed.2d 17 (1990) (hereafter “McKesson”).

Previously in the course of the instant litigation (that is, in this…