The 9th Circuit withdrew its previous decision in Day v. Henry that upheld an Arizona law against a retailer shipping challenge. This withdrawal mooted the pending application for a panel rehearing and rehearing en banc. In its place, the court issued a new opinion which also upheld the Arizona law in question but on a…Read More
7th Circuit Denies En Banc Rehearing on Ruling Favoring Indiana Retail Shipping Laws
No judges on the 7th Circuit are interested in rehearing the decision upholding the Indiana alcohol law relating to out of state retailers. And the two judges that ruled for Indiana do not want a rehearing. The court issued an order today noting: Plaintiffs-Appellants filed a petition for rehearing and rehearing en banc on August…Read More
18th Annual Center for Alcohol Policy Conference is Next Month in Chicago
The 18th Annual Center for Alcohol Policy Conference will take place August 26 and 27 in Chicago. More information on the conference can be found here. The agenda promises to be very informative with discussions of topics such as 21st Amendment litigation, commercial bribery laws, the public health implications of alcohol, and even a panel…Read More
Federal District Court in Washington Denies Motion for Reconsideration in Challenge to Liquor Shipping
The district court quickly considered and rejected an attempt to reconsider the opinion supporting state laws related to shipping liquor into Washington. The plaintiffs had argued that the recent 9th Circuit retail shipping case out of Arizona needed to be briefed in this case. The judge felt otherwise. An appeal to the 9th Circuit is…Read More
Back to the 6th Circuit for Ohio Retail Shipping Case
Once again the plaintiffs are taking their quest for national shipping rights for alcohol retailers to the Sixth Circuit. As you may recall, the plaintiff originally lost at the district court, appealed to the Sixth Circuit, had the Sixth Circuit ask the district court to examine more facts, lost again at the district court when…Read More