Guest Column: John Neiman, Shareholder, Maynard Cooper & Gale in Birmingham, Alabama and former Supreme Court (and 4th Circuit) law clerk and former Alabama State Solicitor General On June 1st the Fourth Circuit upheld, against a dormant Commerce Clause challenge, a North Carolina law requiring retailers who sell alcohol in the State to have a…Read More
Why States should keep winning the physical-presence cases, Part I: using the extraterritoriality doctrine on defense
June 17, 2022 21st Amendment Alcohol Regulation Guest Columns Supreme Court
First Half of 2022 State Alcohol Litigation Roundup
May 9, 2022 All
Last year I provided an update on alcohol litigation against the states. Like last year, there continues to be a significant narrowing in the types of active litigation but a stubborn volume of specific challenges under one remaining theory: the dormant Commerce Clause. For the most part, these lawsuits are attempts by out-of-state retailers to…Read More
Oral Arguments Held in 7th Circuit on Retailer Challenge to Indiana Law
December 21, 2021 21st Amendment Alcohol Regulation Supreme Court
The 7th Circuit held oral arguments on the Chicago Wine challenge to Indiana laws banning out of state retailers from shipping to Indiana residents. The link to the oral argument can be found here. Judge Easterbrook, Judge Kanne, and Judge Scudder served on this panel. Judge Easterbrook noted that there have been a bunch of…Read More
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
