For reasons known only the office of the Ohio Solicitor General, the state of Ohio has chosen not to seek an en banc panel review of the 6th Circuit to resolve the circuit’s conflict on alcohol retail shipping. Recall recently a panel of 6th Circuit judges ruled against Ohio’s law, while a previous panel upheld…Read More
Twist In 6th Circuit (Ohio) Retail Shipping Case, Off To The Supreme Court
United States Supreme Court Denies Review of 7th and 9th Circuit Alcohol Retail Shipping Cases
The Supreme Court released its order list today on petitions of certiorari before them. Along with denials of another 150 cases, the Supreme Court denied the petitions in the 7th Circuit case out of Indiana and the 9th Circuit case out of Arizona. These cases were dormant Commerce Clause challenges to state alcohol laws that…Read More
7th Circuit Denies En Banc Rehearing on Ruling Favoring Indiana Retail Shipping Laws
No judges on the 7th Circuit are interested in rehearing the decision upholding the Indiana alcohol law relating to out of state retailers. And the two judges that ruled for Indiana do not want a rehearing. The court issued an order today noting: Plaintiffs-Appellants filed a petition for rehearing and rehearing en banc on August…Read More
Rhode Island Retailer Shipping Cases Voluntarily Dismissed by Plaintiff
The two lawsuits challenging Rhode Island laws regulating retailer shipping have been voluntarily dismissed by the Plaintiffs. Last week the court issued an order for the Plaintiff to address the serious standing matters present in the Anvar case. The district court had previously ruled for the state in Anvar, but the First Circuit sent the…Read More
Oregon Court Denies State Motion to Strike but Dismisses Governor from WA Brewery Lawsuit
Late last year, the State of Oregon filed a motion to dismiss the complaint in the lawsuit by several Washington state breweries. The state sought to both strike the Complaint on jurisdictional issues and also moved to dismiss the Complaint. In a short opinion, Judge Simon agreed to dismiss the Oregon Governor as a defendant,…Read More