4th Circuit Denies Petitions for Rehearing and En Banc Hearing Request on North Carolina Retailer Shipping Case

Today the 4th Circuit denied the petition for rehearing as well as the petition to have an en banc hearing of the entire 4th Circuit for the out of state retailer shipping case in North Carolina. I presume this will be another case that the plaintiffs will seek Supreme Court review as they had in…Read More

Why States should keep winning the physical-presence cases, Part I: using the extraterritoriality doctrine on defense

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

Motions for Summary Judgment Filed in Rhode Island Retail Shipping Case

The state of Rhode Island and intervenor have filed renewed motions for summary judgment to dismiss the attempt by an out of state retailer to ship into Rhode Island.   The plaintiff has previously filed its motion for summary judgment.   Both the initial brief of Rhode Island and the brief of the intervenor-Defendant Rhode Island…Read More

Dueling Motions for Summary Judgment Filed in Ohio Retailer Shipping Case

While the Supreme Court declined to take another dormant Commerce Clause case in 2021 and we wait for the 4th and 7th Circuit, action at the district court level continues. Briefs were filed this week in the Ohio retailer shipping case.   The court had earlier dismissed some defendants but declined to dismiss the case pending…Read More

Oral Arguments Held in 7th Circuit on Retailer Challenge to Indiana Law

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