The Defendant in the Rhode Island dormant Commerce Clause change has filed its Motion to Dismiss. The parties in this case have already undertaken basic discovery and that discovery serves as the basis for this motion by the defendants. The Defendants note that the Plaintiffs lack standing to pursue their claim because they have suffered…Read More
Defendant’s File Motion to Dismiss in Rhode Island Retail Shipping Case Noting Plaintiffs Haven’t Been Harmed
June 11, 2021 21st Amendment All
9th Circuit Affirms Dismissal of Out of State Importer Challenge to California Law
February 25, 2021 21st Amendment Alcohol Regulation Supreme Court
Well, that was quick. Two weeks after oral argument, the Ninth Circuit has affirmed the trial court and upheld the motion to dismiss filed by California in the dormant Commerce Clause challenge by a Florida importer to California’s law requiring retailers to source their alcohol from in state wholesalers. The opinion can be found here….Read More
Michigan Secures 21st Amendment Enforcement Act Wins
February 19, 2021 All
I failed to cover the recent developments in Michigan where the Michigan Attorney General’s Office secured two consent orders against two out-of-state shippers who were illegally selling alcohol into the state. The Michigan Attorney General’s office filed its complaints under the 27 USC 122(a) which is called the 21st Amendment Enforcement Act. The press release…Read More
Ohio Wins Some and Loses Some on Retail Shipping Motion to Dismiss
February 18, 2021 21st Amendment Alcohol Regulation All Supreme Court
A busy week of dormant Commerce Clause litigation continues. Judge Sarah Morrison of the Eastern District of Ohio partially granted the state of Ohio’s Motion to Dismiss but ruled against outright dismissal of the case. In her decision, Judge Morrison granted the motion to dismiss most of the individually named state defendants but kept the…Read More
Court Dismisses Retailer Challenge to Kentucky Law
February 16, 2021 21st Amendment Alcohol Regulation All Supreme Court
Judge Hale of the Western District of Kentucky dismissed a constitutional challenge by an out-of-state retailer to Kentucky laws as it sought to be able to ship alcohol to Kentucky residents from out of state retail locations. The Court granted the state’s motion to dismiss the dormant Commerce Clause and Privileges & Immunities challenges. The…Read More
