Yoel Weisshaus v. Port Authority of New York and New Jersey

i QUESTIONS FOR REVIEW

1. When Congress exercises authority under the Commerce Clause, whether a negative impact to that act of Congress is actionable within the parameters of the dormant Commerce Clause?

2. Whether a State agency may impose a sur­ charge or penalty for the use of cash as legal tender?

3. Whether the dormant Commerce Clause allows using the Cost-Of-Living-Adjustment and the regional Consumer Price Index as the ground for price fixing in establishing a toll rate, based on what a local authority deems is the user’s maximum adorability, rather than a fair approximation of the use or privilege?

4. Whether a complaint is required to plead extra facts to exclude any alternative theory, as held by the Ninth Circuit and applied by the Second Circuit, or that a complaint does not need to exclude alternative theo­ ries, as held by the Fourth Circuit?