Ohio Joins the Litigation Club As There Is a New Retailer Lawsuit Filed in Ohio

Earlier this month Ohio was covered on this website for going on the offense to prevent untaxed alcohol sales into the state.   This week, they are now a defendant as an Illinois retailer has brought a dormant Commerce Clause challenge against them. The Complaint filed on behalf of House of Glunz retail store in Illinois…Read More

Supreme Court Asks Texas For Response to Wal-Mart’s Cert Petition

The Supreme Court has asked for a response to Wal-Mart’s petition for writ of certiorari.  A response is due by August 21.  There goes the peaceful August vacation. (previous post) Updates in Wal-Mart Appeal to Supreme Court on Challenge to Public Ownership Ban to Liquor Sales in Texas On July 1, 2020, the Supreme Court…Read More

Lebamoff Petitions for United States Supreme Court Review of 6th Circuit Decision. Michigan Waives Response.

Lebamoff Enterprises has filed its petition for writ of certiorari seeking the review by the United States Supreme Court for its dormant Commerce Clause challenge to Michigan’s laws on alcohol retailing.   The 6th Circuit had recently ruled for Michigan. The petitioner’s brief claims that the Sixth Circuit’s decision to uphold the Michigan liquor law under…Read More

Appellate Brief Filed in 9th Circuit for Out of State Importer Challenge to California Presence Law

Plaintiff Orion Imports, LLC and Peter Creighton have filed their brief and supporting record as they seek to overturn the dismissal of their Third Amended Complaint at the district court level.  The district court had previously dismissed a previous complaint. Although the underlying complaint is a dormant Commerce Clause challenge to California law, the appellants…Read More

State of North Carolina Files Motion To Dismiss Retail Shipping Case

The state of North Carolina filed its motion to dismiss against the recent complaint by an out of state retailer challenging laws that permit North Carolina retailers to perform some local delivery functions as a violation of the dorman Commerce Clause. The state’s brief sought dismissal because the plaintiffs lack standing, the plaintiffs’ complaint fails…Read More