Legal Opinion

Emily M. Bass, on Behalf of Herself and All Others Similarly Situated v. J.C. Penney Company, Inc.

Supreme Court of Iowa

Decided June 10, 2016No. 15–0334PublishedCited by 17 opinions

1Opinion of the Court

APPEL, Justice.,

In this case, we consider whether a plaintiff may bring a claim against an internet retailer for unlawfully charging Iowa sales tax on shipping and handling charges when-the retailer forwarded the tax to the Iowa Department of Revenue (IDOR) pursuant to the Iowa version of the Streamlined Sales and Use Tax Act (SSUTA). The plaintiff claims the SSUTA establishes a statutory cause of action against the retailer. In the alternative, the plaintiff asserts that the retailer forwarding the collected tax to the IDOR did not extinguish common law claims against the retailer. The…

2Cases cited27 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. In Re Entergy Corp.Texas Supreme Court · 2004
  3. Loeffler v. Target CorporationCalifornia Supreme Court · 2014
  4. Appert v. Morgan Stanley Dean Witter, Inc.Court of Appeals for the Seventh Circuit · 2012
  5. Northrup v. Farmland Industries, Inc.Supreme Court of Iowa · 1985

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3Cited by17 opinions

  1. Cathryn Ann Linn v. State of IowaSupreme Court of Iowa · 2019
  2. AFSCME Iowa Council 61 v. State of Iowa and Iowa Public Employment Relations BoardSupreme Court of Iowa · 2019
  3. Iowa State Education Association and Davenport Education Association v. State of Iowa, Iowa Public Employment Relations BoardSupreme Court of Iowa · 2019
  4. AFSCME Iowa Council 61 v. State of Iowa and Iowa Public Employment Relations BoardSupreme Court of Iowa · 2019
  5. AFSCME Iowa Council 61 v. State of Iowa and Iowa Public Employment Relations BoardSupreme Court of Iowa · 2019

12 more not listed; retrieve them via the Exa API.

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