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
Motions for Summary Judgment Filed in Rhode Island Retail Shipping Case
March 10, 2022 21st Amendment All
The state of Rhode Island and intervenor have filed renewed motions for summary judgment to dismiss the attempt by an out of state retailer to ship into Rhode Island. The plaintiff has previously filed its motion for summary judgment. Both the initial brief of Rhode Island and the brief of the intervenor-Defendant Rhode Island…Read More
4th Circuit Holds Oral Argument in North Carolina/B-21 Retail Shipping Case
March 10, 2022 21st Amendment Alcohol Regulation Supreme Court
The 4th Circuit held oral arguments on the appeal by B-21 of the district court’s ruling in favor of the motion to dismiss filed by the State of North Carolina. Arguments were held in person and a link to the audio of the hearing can be found here. Judge Wilkinson, Judge King, and Judge Quattlebaum…Read More
Dueling Motions for Summary Judgment Filed in Ohio Retailer Shipping Case
January 28, 2022 21st Amendment Alcohol Regulation All Supreme Court
While the Supreme Court declined to take another dormant Commerce Clause case in 2021 and we wait for the 4th and 7th Circuit, action at the district court level continues. Briefs were filed this week in the Ohio retailer shipping case. The court had earlier dismissed some defendants but declined to dismiss the case pending…Read More
Oral Arguments Held in 7th Circuit on Retailer Challenge to Indiana Law
December 21, 2021 21st Amendment Alcohol Regulation Supreme Court
The 7th Circuit held oral arguments on the Chicago Wine challenge to Indiana laws banning out of state retailers from shipping to Indiana residents. The link to the oral argument can be found here. Judge Easterbrook, Judge Kanne, and Judge Scudder served on this panel. Judge Easterbrook noted that there have been a bunch of…Read More
