Missouri Files Response for SCOTUS Review of 8th Circuit Retail Shipping Case

The state of Missouri has filed its response brief to the petition for writ of certiorari filed by a Florida retailer challenging Missouri alcohol delivery laws.  The state noted a number of reasons why this case is not appropriate for Supreme Court review including: there is no circuit split; there are at least seven other…Read More

Retail Shipping Case in Illinois Dismissed Before Trial

There is one less dormant commerce clause challenge to the ability of a state to restrict out of state retailers after the case in Illinois was dismissed.   Judge John Lee of the Northern District of Illinois signed the order of dismissal. This case had been slated to start as a trial in September after a remand…Read More

Rhode Island Judge Denies Motion To Dismiss Retail Shipping Case

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

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

Wal-Mart Ends Federal Lawsuit Challenge to Texas Liquor Laws

The long running attempts by Wal-Mart to challenge Texas state alcohol laws via the federal court system are at an end. Recall that 5th Circuit had upheld the Texas laws and Wal-Mart appealed that to the United States Supreme Court.   Earlier this year, the Supreme Court denied this request to hear the appeal so the…Read More