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

Supreme Court Declines to Review 8th Circuit Ruling for Missouri on Retail Shipping Case

The Supreme Court today issued its order list from its October 8 conference.  The certiorari petition sought to have the court overturn the 8th Circuit decision upholding Missouri’s retail delivery laws.  The 8th Circuit decision noting that the Missouri law does not violate the dormant Commerce Clause stands.   Earlier this year the Court rejected a similar…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

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