Wine Retailers File Paperwork Indicating They Will Appeal Their Loss in Mississippi to the United States Supreme Court

The Defendant/Appellant wine retailers have filed a motion with the Mississippi Supreme Court to stay the Writ of Mandate from the recent ruling against them while they file certiorari to the United States Supreme Court.  The Mandate was due to be issued March 18, 2020. In their motion they note they will shortly file an…Read More

Oral Argument Held on Dormant Commerce Clause Challenge to Michigan Retailer Shipping Law

The 6th Circuit met in Cincinnati to hear oral arguments on the challenge to Michigan’s retail shipping laws. The judges for this panel were Circuit Judges Bernice Donald, David McKeague, and Jeffrey Sutton. Predicting who won oral arguments is inevitably a fool’s errand and I won’t offer a prediction here.  The Judges asked tough questions…Read More

Court Dismisses Out of State Importer Challenge to California’s Three Tier Requirements

Chief Judge Mueller of the Eastern District of California dismissed the third amended complaint filed by a Florida wine importer against California.  The plaintiffs contended that out-of-state businesses, such as Orion Wine Imports, should be permitted to bypass California’s preferred method of regulating alcoholic beverages and sell directly to California retailers.  The plaintiffs said that…Read More

Another Retailer Shipping Case Filed – This Time in North Carolina

The lawyer combination of Tanford and Epstein have filed their (at least) sixth retail shipping dormant commerce clause lawsuit since the Tennessee Wine & Spirits Retailers Association decision in the Supreme Court. This time they have filed a complaint on behalf of Florida business and several North Carolina residents claiming that the North Carolina laws…Read More

One Less Retail Shipping Case – Texas Lawsuit Dropped

There is one less retail direct shipping dormant Commerce Clause case as the plaintiffs in the Texas lawsuit have voluntarily dismissed without prejudice their lawsuit against Texas.  But don’t worry there are at least eight others still active in the federal courts across the country. (earlier post) Two Additional Retail Wine Shipping Cases Filed (Indiana…Read More