United States District Court Judge John McConnell ruled for the state of Rhode Island today against a challenge by wine consumers. Judge McConnell noted in his opinion that the “strict scrutiny” standard sought by the plaintiffs was not the proper legal analysis to use, and instead used the “different inquiry” standard urged by the Defendants….Read More
District Court Grants State of Rhode Island’s Summary Judgment Motion and Dismisses Challenge for Out-of-State Retailer Sales
September 29, 2022 21st Amendment All
Oregon Moves to Dismiss Washington Brewer Lawsuit
September 29, 2022 21st Amendment Alcohol Regulation Supreme Court
The State of Oregon filed a motion to dismiss the lawsuit filed by an Oregon consumer and three Washington breweries. It its motion, the state noted that the complaint fails to state a claim and that the three state officials listed are enttiled to soverign immunity. The underlying complaint is levied against the Governor, Attorney…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
4th Circuit Denies Petitions for Rehearing and En Banc Hearing Request on North Carolina Retailer Shipping Case
June 29, 2022 21st Amendment Alcohol Regulation Supreme Court
Today the 4th Circuit denied the petition for rehearing as well as the petition to have an en banc hearing of the entire 4th Circuit for the out of state retailer shipping case in North Carolina. I presume this will be another case that the plaintiffs will seek Supreme Court review as they had in…Read More
