Well, that was quick. Two weeks after oral argument, the Ninth Circuit has affirmed the trial court and upheld the motion to dismiss filed by California in the dormant Commerce Clause challenge by a Florida importer to California’s law requiring retailers to source their alcohol from in state wholesalers. The opinion can be found here….Read More
9th Circuit Affirms Dismissal of Out of State Importer Challenge to California Law
February 25, 2021 21st Amendment Alcohol Regulation Supreme Court
Court Dismisses Retailer Challenge to Kentucky Law
February 16, 2021 21st Amendment Alcohol Regulation All Supreme Court
Judge Hale of the Western District of Kentucky dismissed a constitutional challenge by an out-of-state retailer to Kentucky laws as it sought to be able to ship alcohol to Kentucky residents from out of state retail locations. The Court granted the state’s motion to dismiss the dormant Commerce Clause and Privileges & Immunities challenges. The…Read More
Ohio Concludes 21st Amendment Enforcement Act Litigation
January 27, 2021 21st Amendment Alcohol Regulation All
The district court has approved the final consent order in the 21st Amendment Enforcement Act lawsuit brought by the state of Ohio against various wine sellers. As explained in the joint motion requesting approval of the consent order filed by Ohio and defendant Wine.com, the defendant has agreed to open to comply with Ohio law…Read More
Supreme Court Denies Review of Lebamoff Challenge to Michigan Retail Delivery Laws
January 11, 2021 21st Amendment Alcohol Regulation Supreme Court
The Supreme Court issued an order today denying certiorari in hundreds of cases. The Lebamoff appeal of their loss at the 6th Circuit was one of the cases on today’s order list. This order ends this case but the same law firm has cases pending in the 8th and 9th circuits with seven other…Read More
It Is Finally Over in Indiana. E.F. Transit Preemption Appeal Dismissed by 7th Circuit.
December 29, 2020 21st Amendment Alcohol Regulation Preemption Supreme Court
After nearly a decade of legislation, news stories, and litigation maneuvering between Monarch Beverage, E.F. Transit, and the state of Indiana, the fights in Indiana over cross-tier ownership and preemption appear to finally be at a conclusion, at least for now with these entities. The Seventh Circuit has granted the motion of E.F. Transit to…Read More
