Guest Column: Paul Pisano, National Beer Wholesalers Association State alcohol pricing laws have several interrelated forms, but all seek to “level the playing field” with pricing practices between suppliers and their wholesalers or supplier/wholesalers with retailers. The concept that the small convenience store should have the same shot at the pricing of a big box…Read More
Renewed Attention to Robinson-Patman Act is Potentially Good for State Alcohol Pricing Laws
April 14, 2023 All
Oregon Court Denies State Motion to Strike but Dismisses Governor from WA Brewery Lawsuit
February 23, 2023 21st Amendment Alcohol Regulation Supreme Court
Late last year, the State of Oregon filed a motion to dismiss the complaint in the lawsuit by several Washington state breweries. The state sought to both strike the Complaint on jurisdictional issues and also moved to dismiss the Complaint. In a short opinion, Judge Simon agreed to dismiss the Oregon Governor as a defendant,…Read More
Supreme Court Denies Certiorari in B-21 v. North Carolina Case
January 9, 2023 21st Amendment Alcohol Regulation Supreme Court
Today the Supreme Court refused to take an appeal out of the Fourth Circuit of the win by North Carolina against an out of state retailer and the retailer’s claims that the NC state law regulating instate retail sales violate the dormant commerce clause. The Supreme Court today issued a list of dozens of cases…Read More
Rhode Island Retailer Case Going to First Circuit
November 18, 2022 21st Amendment All
The First Circuit will get to join the fun of dormant commerce clause litigation. The plaintiffs who lost in Rhode Island District Court have filed a Notice of Appeal with the First Circuit so briefing in this case will occupy the first half of 2023. In their continuous effort to create a federal appellate court…Read More
District Court Rules for Ohio in Retailer Shipping Challenge
September 14, 2022 21st Amendment Alcohol Regulation All Supreme Court
Judge Morrison of the Eastern District of Ohio granted the state of Ohio’s summary judgment motion to dismiss an out of state retailer’s challenge to Ohio alcohol laws. A copy of the decision can be found here. The court noted that the 6th Circuit had already ruled in a “substantially similar” case out of Michigan. …Read More
