New Dormant Commerce Clause Lawsuit Filed in Arizona by a Florida Retailer

A new dormant Commerce Clause lawsuit has been filed in Arizona alleging that state law prohibits out of state retailers from shipping to consumers while allowing in state retailers that right. The lawsuit is filed on behalf of a Florida retailer, its owner, and two Arizona residents. It is filed by the same law firm…Read More

Michigan Secures Additional 21st Amendment Enforcement Act Settlements

(previous post) Michigan Secures 21st Amendment Enforcement Act Wins 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…Read More

Rhode Island Judge Denies Motion To Dismiss Retail Shipping Case

Judge John McConnell has ruled against the state of Rhode Island’s Motion to Dismiss.   The state argued that the plaintiffs did not have standing in fact due to admissions made during depositions.  The court found that the plaintiffs’ motivation is not relevant to the existence of standing.  The court concluded noting, “Plaintiffs have pleaded sufficient…Read More

District Court Issues Rash Decision. Rules for State of North Carolina and Dismisses Out of State Retailer’s Dormant Commerce Clause Complaint

Pardon the pun but the lawsuit brought by Mike Rash, B-21 Wines, et. al has been dismissed by the district court so I will call it the Rash decision. United States District Judge Frank Whitney of the Western District of North Carolina has granted the state of North Carolina’s motion to dismiss the effort of…Read More

Center for Alcohol Policy Conference to be Held in Chicago on August 30 and 31

I am looking forward to attending the 14th annual Center for Alcohol Policy’s Law and Policy Conference to be held at the Hyatt Centric hotel in Chicago on August 30 and 31.   It will be good to talk about the dormant Commerce Clause with people in the same room again! This year’s conference will feature…Read More