Archives for August 2020

Mississippi Case Not Heading to Supreme Court, Yet.

The time for an appeal to the United States Supreme Court has passed in the Wine Express matter in Mississippi state courts.  As such, this matter will return to lower courts for additional proceedings as a result of the Attorney General’s sting and enforcement actions against out of state retailers for illegally selling alcohol into…Read More

Oral Argument in 8th Circuit’s Retailer Dormant Commerce Clause Matter Set for September 24

Oral argument before the 8th Circuit on the Sarasota Market lawsuit against Missouri for not allowing out of state retailer delivery has been set for September 24.  This hearing will be held virtually.  This is a week before the United States Supreme Court will meet to consider a similar case out of the 6th Circuit…Read More

13th Annual Center for Alcohol Policy Conference Moved Online

Alas, another event is impacted by COVID. The 13th Annual Center for Alcohol Policy Law and Policy Conference will take place virtually over the course of four Wednesdays in September. Topics include discussions of the alcohol law cases found on this website. Please find more information and register here. (Previous Post) Save the Date! Center…Read More

Briefing in Challenge to CA Licensing Requirements Due to 9th Circuit by September 18, 2020

The State of California now has until September 18, 2020, to file its response to the Appellant’s brief.   Appellant would have 21 days to file a reply to this brief.  The order can be found here. (Previous Post) Appellate Brief Filed in 9th Circuit for Out of State Importer Challenge to California Presence Law Plaintiff…Read More

Court Denies NC Motion to Dismiss Retail Shipping Case

Judge Frank Whitney of the Western District of North Carolina Granted in Part and Denied in Part the effort of NC to dismiss the retail shipping case brought by a Florida retailer and some consumers.   In his order,  Judge Whitney noted the plaintiffs had met their burden to overcome a 12b motion to dismiss. The…Read More