The 6th Circuit has denied the request for a rehearing en banc on the decision upholding Michigan’s law banning out of state retailer direct shipping. The order noted, “No judge has requested a vote on the suggestion for rehearing en banc.” At this time, it is unknown if there will be an appeal to the…Read More
6th Circuit Denies Rehearing in Michigan Retail Shipping Case
May 27, 2020 21st Amendment Alcohol Regulation Supreme Court
Total Wine Wins Injunction in Indiana District Court on Residency Challenge
May 27, 2020 All
Recently, the Indiana District Court for the Southern District of Indiana issued a preliminary injunction in support of Total Wine’s Complaint against Indiana’s residency statute that requires 60% ownership by 5 year Indiana residents in order to hold a package store permit. Previously, the Indiana ATC had denied the application based on the residency statute…Read More
Additional Retailer Shipping Lawsuit Filed in Rhode Island
May 27, 2020 All
I neglected to cover another federal lawsuit by Mssr. Tanford & Epstein filed late in 2019. They have filed a dormant Commerce Clause challenge to Rhode Island law related to retailer shipping claiming laws that allow local retailers to deliver but not out of state retailers is a violation of the Constitution. Their complaint can…Read More
Illinois State Court Issues Strong Ruling for the Illinois Beer Industry Fair Dealing Act
May 27, 2020 All
Illinois Circuit Court Judge Dorothy French Mallen conducted a five-week trial in a dispute from the litigious Shelton Brothers and their attempt to void distribution deals in the state of Illinois. This case has a long history and originally started with a claim by Shelton Brothers against a distributor it sought to terminate seven years…Read More
Out of State Importer Seeks Appeal to 9th Circuit in Challenge to California Three Tier Law
May 1, 2020 21st Amendment Alcohol Regulation Supreme Court
Despite losing on several motions to dismiss at the district court, Orion Imports will appeal to the 9th Circuit its loss on its dormant Commerce Clause challenge to California’s three tier law. Recent filings by the Plaintiff indicate that its briefing is due at the end of the June and there will be filings on…Read More
