Archives for May 2025

The retailers that lost at the district court and Ninth Circuit are petitioning for an en banc hearing by the Ninth Circuit on their challenge to Arizona retail shipping laws. Their briefing claims that the Ninth Circuit applied the wrong legal standard. The joint response of the state and intervenors claims that the court got…Read More

A dormant Commerce Clause challenge by an out of state brewery to an Idaho law related to self distribution has been dismissed after the Idaho Legislation recently passed legislation that mooted the case. The challenge by the Washington brewery was filed in August, 2023. The legislature recently enacted a group of changes to the alcohol…Read More

Despite the recent win for Washington state against an out of state liquor maker seeking direct to consumer privileges, a new lawsuit has been filed in New York on behalf of a California distillery. The lawsuit claims that New York laws that permit shipping to consumers by New York distilleries in certain circumstances violates the…Read More

Judge Thomas Rice of the Eastern District of Washington has granted the state’s cross-motion for summary judgment and denied the Plaintiff’s motion for summary judgment related to the efforts by a New York distillery to sell directly to Washington state consumers.  Plaintiffs had alleged that the Washington state licensing regime violated the dormant Commerce Clause…Read More