State of North Carolina Files Motion To Dismiss Retail Shipping Case

The state of North Carolina filed its motion to dismiss against the recent complaint by an out of state retailer challenging laws that permit North Carolina retailers to perform some local delivery functions as a violation of the dorman Commerce Clause. The state’s brief sought dismissal because the plaintiffs lack standing, the plaintiffs’ complaint fails…Read More

Oral Argument Held By Telephone Before 7th Circuit on E.F. Transit Preemption Challenge to Indiana Prohibited Interest Law

Due to COVID-19 a panel of the Seventh Circuit held oral arguments by telephone on the latest round of the E.F. Transit/Spirited Sales/ Monarch Beverage challenges to Indiana laws prohibiting wholesalers from being in wine, beer and liquor.  This case was under the E.F. Transit banner claims of preemption of Indiana laws due to their…Read More

Wine Retailers File Paperwork Indicating They Will Appeal Their Loss in Mississippi to the United States Supreme Court

The Defendant/Appellant wine retailers have filed a motion with the Mississippi Supreme Court to stay the Writ of Mandate from the recent ruling against them while they file certiorari to the United States Supreme Court.  The Mandate was due to be issued March 18, 2020. In their motion they note they will shortly file an…Read More

One Less Retail Shipping Case – Texas Lawsuit Dropped

There is one less retail direct shipping dormant Commerce Clause case as the plaintiffs in the Texas lawsuit have voluntarily dismissed without prejudice their lawsuit against Texas.  But don’t worry there are at least eight others still active in the federal courts across the country. (earlier post) Two Additional Retail Wine Shipping Cases Filed (Indiana…Read More

Monster Secures Stay of Mandate Pending Supreme Court Appeal

My recent post was erroneously was posted with a date of January 1, 2019 (first failure to update for 2020 of the year) and in the interim I neglected to follow up on the latest filings.    After the Ninth Circuit rejected the En Banc request of Monster they turned around and filed a motion…Read More