Archives for 2020

It Is Finally Over in Indiana. E.F. Transit Preemption Appeal Dismissed by 7th Circuit.

After nearly a decade of legislation, news stories, and litigation maneuvering between Monarch Beverage, E.F. Transit, and the state of Indiana,  the fights in Indiana over cross-tier ownership and preemption appear to finally be at a conclusion, at least for now with these entities.  The Seventh Circuit has granted the motion of E.F. Transit to…Read More

Oral Argument Set by 9th Circuit in February 2021 for Orion Imports’ Appeal on Standing

The 9th Circuit has scheduled oral arguments for the review of the Orion Imports challenge to California licensing laws.  The appeal will be held in San Francisco on February 11, 2021.   The district court had dismissed Orion’s complaint on standing grounds and the 9th Circuit schedule describes the case this way:  “An appeal from the…Read More

Supreme Court Passes on Taking Wal-Mart’s Appeal of Texas Retail Liquor Law

The Supreme Court today denied request of Wal-Mart to appeal its loss in the 5th Circuit of its “discrimination in effect” dormant commerce clause challenge to the Texas law restricting the sale of liquor to privately held companies.   The matter now returns to federal district court in Texas per the 5th Circuit ruling last year….Read More

Ohio Settles with One Defendant in 21st Amendment Enforcement Action, Possibly More On the Way.

The Ohio Attorney General has settled with one of the seven defendants from its groundbreaking 21st Amendment Enforcement Act lawsuit it filed in federal court.  Ohio and AWS Hopkins, LLC dba Ace Spirits have jointly agreed to a consent order that mirrors most of the concerns outlined by Ohio’s complaint. In the Consent Decree and…Read More

Motion to Dismiss and Response Filed in Ohio Retailer Shipping Case

The state of Ohio has filed its Motion to Dismiss the retailer shipping case brought by an Illinois retailer seeking the right to ship to Ohio consumers.  It notes several defects in the complaint centered around standing and redressability. The Defendant’s response to the state’s motion predictably disagrees with the state’s view citing the rich…Read More