Archives for 2021

Supreme Court Declines to Review 8th Circuit Ruling for Missouri on Retail Shipping Case

The Supreme Court today issued its order list from its October 8 conference.  The certiorari petition sought to have the court overturn the 8th Circuit decision upholding Missouri’s retail delivery laws.  The 8th Circuit decision noting that the Missouri law does not violate the dormant Commerce Clause stands.   Earlier this year the Court rejected a similar…Read More

Amicus Briefs Filed in 7th Circuit on Case Related to Challenge to Indiana Retail Delivery Laws

The effort by an Illinois retailer to sell directly to Indiana residents is before the 7th Circuit.  Chicago Wine Company and others had filed a dormant Commerce Clause challenge against the governor and other members of the State of Indiana. The District Court  ruled for Indiana on the dormant Commerce Clause claims relating to delivery…Read More

New Dormant Commerce Clause Lawsuit Filed in Arizona by a Florida Retailer

A new dormant Commerce Clause lawsuit has been filed in Arizona alleging that state law prohibits out of state retailers from shipping to consumers while allowing in state retailers that right. The lawsuit is filed on behalf of a Florida retailer, its owner, and two Arizona residents. It is filed by the same law firm…Read More

Retail Shipping Case in Illinois Dismissed Before Trial

There is one less dormant commerce clause challenge to the ability of a state to restrict out of state retailers after the case in Illinois was dismissed.   Judge John Lee of the Northern District of Illinois signed the order of dismissal. This case had been slated to start as a trial in September after a remand…Read More

Michigan Secures Additional 21st Amendment Enforcement Act Settlements

(previous post) Michigan Secures 21st Amendment Enforcement Act Wins I failed to cover the recent developments in Michigan where the Michigan Attorney General’s Office secured two consent orders against two out-of-state shippers who were illegally selling alcohol into the state. The Michigan Attorney General’s office filed its complaints under the 27 USC 122(a) which is…Read More