Once again the plaintiffs are taking their quest for national shipping rights for alcohol retailers to the Sixth Circuit. As you may recall, the plaintiff originally lost at the district court, appealed to the Sixth Circuit, had the Sixth Circuit ask the district court to examine more facts, lost again at the district court when…Read More
Back to the 6th Circuit for Ohio Retail Shipping Case
3rd Circuit Issues Updated Opinion Supporting New Jersey Retail Shipping Laws
Well, after 33 days of suspenseful limbo, the Third Circuit has reissued its opinion in the challenge to New Jersey retail shipping laws. And they reached the exact same result: New Jersey wins. The court apparently clarified the names of the attorneys who represented parties in the case but otherwise made no changes to its…Read More
Rhode Island Retailer Shipping Cases Voluntarily Dismissed by Plaintiff
The two lawsuits challenging Rhode Island laws regulating retailer shipping have been voluntarily dismissed by the Plaintiffs. Last week the court issued an order for the Plaintiff to address the serious standing matters present in the Anvar case. The district court had previously ruled for the state in Anvar, but the First Circuit sent the…Read More
Oregon Court Denies State Motion to Strike but Dismisses Governor from WA Brewery Lawsuit
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
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