The First Circuit will get to join the fun of dormant commerce clause litigation. The plaintiffs who lost in Rhode Island District Court have filed a Notice of Appeal with the First Circuit so briefing in this case will occupy the first half of 2023. In their continuous effort to create a federal appellate court…Read More
Archives for 2022
Updated Filings in Oregon Lawsuit by Washington Breweries
November 18, 2022 21st Amendment Alcohol Regulation Supreme Court
There have been a round of filings in the lawsuit filed by Washington brewers against Oregon laws. The Defendants have responded to Oregon’s Motion to Dismiss for lack of jurisdiction by filing a response to the Motion to Dismiss with a request to amend their complaint to add more state government officials. The state responded…Read More
District Court Rules for Ohio in Retailer Shipping Challenge
September 14, 2022 21st Amendment Alcohol Regulation All Supreme Court
Judge Morrison of the Eastern District of Ohio granted the state of Ohio’s summary judgment motion to dismiss an out of state retailer’s challenge to Ohio alcohol laws. A copy of the decision can be found here. The court noted that the 6th Circuit had already ruled in a “substantially similar” case out of Michigan. …Read More
15th Annual Center for Alcohol Policy Legal Conference to be held August 30 and 31 in Nashville
July 27, 2022 21st Amendment Alcohol Regulation All
I am excited to be a part of the 15th Center for Alcohol Policy Legal Conference which will be held in Nashville, Tennessee. The conference starts with a reception the evening of August 29 and then goes all day the 30th and half the day on Wednesday the 30th. Registration can be found here. There…Read More
Why States should keep winning the physical-presence cases, Part I: using the extraterritoriality doctrine on defense
June 17, 2022 21st Amendment Alcohol Regulation Guest Columns Supreme Court
Guest Column: John Neiman, Shareholder, Maynard Cooper & Gale in Birmingham, Alabama and former Supreme Court (and 4th Circuit) law clerk and former Alabama State Solicitor General On June 1st the Fourth Circuit upheld, against a dormant Commerce Clause challenge, a North Carolina law requiring retailers who sell alcohol in the State to have a…Read More
