Supreme Court Denies Review of Lebamoff Challenge to Michigan Retail Delivery Laws

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.

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

Oral Argument Set by 9th Circuit in February 2021 for Orion Imports’ Appeal on Standing

The 9th Circuit has scheduled oral arguments for the review of the Orion Imports challenge to California licensing laws.  The appeal will be held in San Francisco on February 11, 2021.   The district court had dismissed Orion’s complaint on standing grounds and the 9th Circuit schedule describes the case this way:  “An appeal from the…Read More

Supreme Court Passes on Taking Wal-Mart’s Appeal of Texas Retail Liquor Law

The Supreme Court today denied request of Wal-Mart to appeal its loss in the 5th Circuit of its “discrimination in effect” dormant commerce clause challenge to the Texas law restricting the sale of liquor to privately held companies.   The matter now returns to federal district court in Texas per the 5th Circuit ruling last year….Read More

Ohio Settles with One Defendant in 21st Amendment Enforcement Action, Possibly More On the Way.

The Ohio Attorney General has settled with one of the seven defendants from its groundbreaking 21st Amendment Enforcement Act lawsuit it filed in federal court.  Ohio and AWS Hopkins, LLC dba Ace Spirits have jointly agreed to a consent order that mirrors most of the concerns outlined by Ohio’s complaint. In the Consent Decree and…Read More