So, about a week ago, I made a couple of posts in regards to Telltale's possible legal defense in regards to the current lawsuit brought about by the former employees. I mentioned that Telltale might have a way out of escaping culpability based on a clause in the federal WARN Act that would allow Telltale to possibly escape paying severance to fired employees because the event that prompted the mass layoffs may not have been reasonably foreseeable. However, they might still be in conflict with California's state version of the WARN Act as they do not have that clause, meaning the employees may still have a chance. However, Telltale might be able to escape punishment in that sense as well, and it's thanks to a clause found in Article 1, Section 8 of the Constitution.
This area of the Constitution deals with federal powers given to Congress, and one of them is known as the Interstate Commerce Clause. This clause allows the federal government "To regulate Commerce with Foreign Nations, and among the several States, and with the Indian tribes." Basically, while states have the ability to regulate and pass legislation in regards to commerce and business within their particular state, if it involves businesses that cross that state's lines and it involves a commodity, it becomes the sole responsibility of the federal government to regulate it, and as decided in previous Supreme Court cases such as McCulloch v. Maryland, federal law trumps state law and state actions cannot invalidate or impede Constitutional exercises of power.
The reason why I bring this up is because, while manufacturing is out of the realms of federal government regulation in particular states, anything in regards to distribution and commercial transportation would fall under the guidelines of the Interstate Commerce Clause (see case like United States v. E. C. Knight Company). While Telltale is a California based company, one may be able to argue that their commodity (video games) can be considered interstate commerce as people outside of California play them. While the games are manufactured in the state, they sell them elsewhere, and this could make it federally regulated.
Not saying with certainty this could work, but it might be a possible legal defense. However, in the interest of fairness, what could the counter argument be?
Another court case, Kidd v. Pearson, the Supreme Court upheld Iowa's ban on the manufacturer of liquor (Iowa was a dry state at the time). However, a distillery located in Iowa argued that, since it sold it's product across state lines, the Interstate Commerce Clause would apply to them. The court rejected this argument, establishing a distinction between manufacturing and commerce. It held that Iowa's ban was constitutional as it did not conflict with the power of the federal government to regulate commerce. "Manufacturing is transformation - the fashioning of raw materials into a change of form for use" held Justice Lamar in the majority opinion.
This is what I can gather from my research. Telltale might be able to win, but they have to argue that the state law does not apply to them because of the nature of their business, and argue that the reasoning for the mass layoffs was not reasonably foreseeable under the WARN Act.
Doing some interstate commerce does not make your business immune from all state laws. If it did, a lot fewer business would bother paying taxes to state and local governments. There's a reason why a lot of interstate businesses choose to incorporate in Delaware, and that's because Delaware has more corporate-friendly laws. If state laws didn't apply, then businesses wouldn't care where they incorporated.
So, about a week ago, I made a couple of posts in regards to Telltale's possible legal defense in regards to the current lawsuit brought abo… moreut by the former employees. I mentioned that Telltale might have a way out of escaping culpability based on a clause in the federal WARN Act that would allow Telltale to possibly escape paying severance to fired employees because the event that prompted the mass layoffs may not have been reasonably foreseeable. However, they might still be in conflict with California's state version of the WARN Act as they do not have that clause, meaning the employees may still have a chance. However, Telltale might be able to escape punishment in that sense as well, and it's thanks to a clause found in Article 1, Section 8 of the Constitution.
This area of the Constitution deals with federal powers given to Congress, and one of them is known as the Interstate Commerce Clause. This clause allows the federal government… [view original content]
Exactly, that's what I mentioned cases like Kidd v. Pearson where the Court said that, even though they sold in other states, since the manufacturing process took place in Iowa, the state ban still applied. I'm not saying that if Telltale claimed a defense using Interstate Commerce that it would work, but it is a possible argument they can use if they make a compelling enough case for it.
Doing some interstate commerce does not make your business immune from all state laws. If it did, a lot fewer business would bother paying … moretaxes to state and local governments. There's a reason why a lot of interstate businesses choose to incorporate in Delaware, and that's because Delaware has more corporate-friendly laws. If state laws didn't apply, then businesses wouldn't care where they incorporated.
I didn't want to make a post tagging everyone at first since you're all amazing and I didn't want to forget to tag any of you. This has been… more a fantastic community to be a part of and I'm so saddened at how suddenly we all had to say our goodbyes not only to Telltale but to each other as well.
First to all of the great friends I've made here @AChicken @Psychokinesis @imighthavebrokenit @Acheive250 @ZombieKiller3121 @Dylanwoods777 @WalkingDeadFan(I can't remember the numbers but I hope you're doing well)
Thank you for all the laughs, the listening ears to confide in and just for making me feel truly a part of this community. You guys made this place something genuinely special and I know good fortune will come to all of you. I hope to be able to stay in touch with you guys but if that doesn't happen I wish you all the best on the paths life takes you
I also want to give special mention to @lupinb0y @SolidStryder @Poogers555 @fangirl10… [view original content]
Same. I think I'm gonna go see it, but not early on when it's out. I don't want to tell Sony that this movie was a good idea. To be honest, I had hope for this movie, but I was still hesitant that they could pull it off.
A few clips they released recently look somewhat enjoyable to me, but that doesn't really speak for the whole movie.
Eh, maybe it's one of those "turn off your brain" kind of guilty pleasures.
At least we have that animated Spider-Man movie coming up in December! That looks a lot better.
Surprise! Venom is getting bad reviews. I wonder what sort of brave, intelligent, and handsome fellow predicted that...
Oh, me.
I'll still see it like the moron I am though.
Surprise! Venom is getting bad reviews. I wonder what sort of brave, intelligent, and handsome fellow predicted that...
Oh, me.
I'll still see it like the moron I am though.
Surprise! Venom is getting bad reviews. I wonder what sort of brave, intelligent, and handsome fellow predicted that...
Oh, me.
I'll still see it like the moron I am though.
Comments
Oh my gosh, if was drinking coffee right now, I would've spat it out onto my phone.
Oh I know what she meant. first the “that’s what she said” comment and now this. Someone’s a little...deprived.?
Space Goose cant fly past earths orbit without cheats. It just becomes....goose?
I think I just realised why Australians call sasauges and mashed potato: "Bangers and Mash"
That grey line is as far as it’ll go before it falls back to earth
So tell us where you're from.
Cuntybollocks cos I saw it online so that’s where I live now
Aaaaaaaaaand I don’t think you understand the joke
Camera???
It’s a Rated-M joke
Oooh! I get it ? where’s the actress at?
New Wired article advocating better treatment of gaming company employees: We Need to Change How We Talk About Game Studios Closing
So................I had a grilled cheese today...
Fukin shit you're adventurous.
So I've been told
In Caaaaaaaaaaaaaaaaaaaa california.
I know im not the only one who sleeps laying down like this?.....right??
I wanna say I've tried.
Don't you wake up with a numb right leg?
Nope, my ankle rests under the bend of my leg, so no circulation gets cut off really.
So, about a week ago, I made a couple of posts in regards to Telltale's possible legal defense in regards to the current lawsuit brought about by the former employees. I mentioned that Telltale might have a way out of escaping culpability based on a clause in the federal WARN Act that would allow Telltale to possibly escape paying severance to fired employees because the event that prompted the mass layoffs may not have been reasonably foreseeable. However, they might still be in conflict with California's state version of the WARN Act as they do not have that clause, meaning the employees may still have a chance. However, Telltale might be able to escape punishment in that sense as well, and it's thanks to a clause found in Article 1, Section 8 of the Constitution.
This area of the Constitution deals with federal powers given to Congress, and one of them is known as the Interstate Commerce Clause. This clause allows the federal government "To regulate Commerce with Foreign Nations, and among the several States, and with the Indian tribes." Basically, while states have the ability to regulate and pass legislation in regards to commerce and business within their particular state, if it involves businesses that cross that state's lines and it involves a commodity, it becomes the sole responsibility of the federal government to regulate it, and as decided in previous Supreme Court cases such as McCulloch v. Maryland, federal law trumps state law and state actions cannot invalidate or impede Constitutional exercises of power.
The reason why I bring this up is because, while manufacturing is out of the realms of federal government regulation in particular states, anything in regards to distribution and commercial transportation would fall under the guidelines of the Interstate Commerce Clause (see case like United States v. E. C. Knight Company). While Telltale is a California based company, one may be able to argue that their commodity (video games) can be considered interstate commerce as people outside of California play them. While the games are manufactured in the state, they sell them elsewhere, and this could make it federally regulated.
Not saying with certainty this could work, but it might be a possible legal defense. However, in the interest of fairness, what could the counter argument be?
Another court case, Kidd v. Pearson, the Supreme Court upheld Iowa's ban on the manufacturer of liquor (Iowa was a dry state at the time). However, a distillery located in Iowa argued that, since it sold it's product across state lines, the Interstate Commerce Clause would apply to them. The court rejected this argument, establishing a distinction between manufacturing and commerce. It held that Iowa's ban was constitutional as it did not conflict with the power of the federal government to regulate commerce. "Manufacturing is transformation - the fashioning of raw materials into a change of form for use" held Justice Lamar in the majority opinion.
This is what I can gather from my research. Telltale might be able to win, but they have to argue that the state law does not apply to them because of the nature of their business, and argue that the reasoning for the mass layoffs was not reasonably foreseeable under the WARN Act.
Tried once woke up achy i mustve done something wrong
I need a pizza right now, but i'm trying to lose 10-15lbs
Doing some interstate commerce does not make your business immune from all state laws. If it did, a lot fewer business would bother paying taxes to state and local governments. There's a reason why a lot of interstate businesses choose to incorporate in Delaware, and that's because Delaware has more corporate-friendly laws. If state laws didn't apply, then businesses wouldn't care where they incorporated.
Exactly, that's what I mentioned cases like Kidd v. Pearson where the Court said that, even though they sold in other states, since the manufacturing process took place in Iowa, the state ban still applied. I'm not saying that if Telltale claimed a defense using Interstate Commerce that it would work, but it is a possible argument they can use if they make a compelling enough case for it.
hey you're the one selling your hotdog all over town. so what's your price? do you give out free bites? ?
If you want to use teeth, yeah, you have to pay.
Well, that's real charming. Thank you.
Finished season 1 of Stranger Things today. Wow, what a great show! I kinda regret not watching it when there was more talk about it :P
Yeah it's a great show, I can't wait for the Telltale game to come ou...oh, right.
Come on man why ya gotta do me like that
Surprise! Venom is getting bad reviews. I wonder what sort of brave, intelligent, and handsome fellow predicted that...
Oh, me.
I'll still see it like the moron I am though.
Yo.
Same. I think I'm gonna go see it, but not early on when it's out. I don't want to tell Sony that this movie was a good idea. To be honest, I had hope for this movie, but I was still hesitant that they could pull it off.
A few clips they released recently look somewhat enjoyable to me, but that doesn't really speak for the whole movie.
Eh, maybe it's one of those "turn off your brain" kind of guilty pleasures.
At least we have that animated Spider-Man movie coming up in December! That looks a lot better.
Welp got spoiled on Assassin's Creed: Odyssey.
My fault I guess, eventhough it kinda just came outta nowhere on The Walking Dead forum of all places.
When your home is wiped from the existence from the forums and you have nowhere else to look
The scientist woman doesn’t even say symbiote properly ?
Starfield 2nd trailer leak
Let me know if it's any good, because I want to watch it but money is a bit of an issue. If its good tho I'll go see it.