Archives for 2021

Rhode Island Judge Denies Motion To Dismiss Retail Shipping Case

Judge John McConnell has ruled against the state of Rhode Island’s Motion to Dismiss.   The state argued that the plaintiffs did not have standing in fact due to admissions made during depositions.  The court found that the plaintiffs’ motivation is not relevant to the existence of standing.  The court concluded noting, “Plaintiffs have pleaded sufficient…Read More

District Court Issues Rash Decision. Rules for State of North Carolina and Dismisses Out of State Retailer’s Dormant Commerce Clause Complaint

Pardon the pun but the lawsuit brought by Mike Rash, B-21 Wines, et. al has been dismissed by the district court so I will call it the Rash decision. United States District Judge Frank Whitney of the Western District of North Carolina has granted the state of North Carolina’s motion to dismiss the effort of…Read More

Center for Alcohol Policy Conference to be Held in Chicago on August 30 and 31

I am looking forward to attending the 14th annual Center for Alcohol Policy’s Law and Policy Conference to be held at the Hyatt Centric hotel in Chicago on August 30 and 31.   It will be good to talk about the dormant Commerce Clause with people in the same room again! This year’s conference will feature…Read More

Florida Retailer Asks Supreme Court to Review Adverse 8th Circuit Decision Upholding Missouri’s Retail Shipping Laws

The Florida retailer who lost their attempt to get shipping rights in Missouri at the district court and 8th Circuit has filed a writ of certiorari with the United States Supreme Court asking them to take up the case and reverse the 8th Circuit. The plaintiffs argue that the 8th Circuit misapplied previous Supreme Court…Read More

Wal-Mart Ends Federal Lawsuit Challenge to Texas Liquor Laws

The long running attempts by Wal-Mart to challenge Texas state alcohol laws via the federal court system are at an end. Recall that 5th Circuit had upheld the Texas laws and Wal-Mart appealed that to the United States Supreme Court.   Earlier this year, the Supreme Court denied this request to hear the appeal so the…Read More