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STATE v. WAYFAIR INC.

28160.

916 N.W.2d 819 (2018)

2018 S.D. 62

STATE of South Dakota, Plaintiff and Appellant, v. WAYFAIR INC., Overstock.com, Inc., and Newegg Inc. Defendants and Appellees.

Supreme Court of South Dakota.

Opinion Filed August 9, 2018.

Attorney(s) appearing for the Case

MARTY J. JACKLEY , Attorney General, RICHARD M. WILLIAMS , Deputy Attorney General, KIRSTEN E. JASPER , Assistant Attorney General, Pierre, South Dakota, ERIC F. CITRON of Goldstein & Russell, PC, Bethesda, Maryland, Attorneys for plaintiff and appellant.

GEORGE S. ISAACSON , MARTIN I. EISENSTEIN , MATTHEW P. SCHAEFER of Brann & Isaacson, Lewiston, Maine, JEFF BRATKIEWICZ , KATHRYN J. HOSKINS of Bangs, McCullen, Butler, Foye & Simmons, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

[¶ 1.] On September 13, 2017, this Court issued its opinion in State v. Wayfair Inc., 2017 S.D. 56, 901 N.W.2d 754. We affirmed the circuit court's summary judgment for internet sellers and held that the statutory scheme requiring these sellers with no physical presence in South Dakota to collect...

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