The effort by an Illinois retailer to sell directly to Indiana residents is before the 7th Circuit. Chicago Wine Company and others had filed a dormant Commerce Clause challenge against the governor and other members of the State of Indiana. The District Court ruled for Indiana on the dormant Commerce Clause claims relating to delivery…Read More
Amicus Briefs Filed in 7th Circuit on Case Related to Challenge to Indiana Retail Delivery Laws
October 7, 2021 21st Amendment Alcohol Regulation Supreme Court
New Dormant Commerce Clause Lawsuit Filed in Arizona by a Florida Retailer
September 2, 2021 All
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
August 3, 2021 All
(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
July 20, 2021 21st Amendment All
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
July 9, 2021 21st Amendment Alcohol Regulation Supreme Court
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
