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
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
First Half of 2022 State Alcohol Litigation Roundup
May 9, 2022 All
Last year I provided an update on alcohol litigation against the states. Like last year, there continues to be a significant narrowing in the types of active litigation but a stubborn volume of specific challenges under one remaining theory: the dormant Commerce Clause. For the most part, these lawsuits are attempts by out-of-state retailers to…Read More
