6th Circuit Denies Rehearing in Michigan Retail Shipping Case

The 6th Circuit has denied the request for a rehearing en banc on the decision upholding Michigan’s law banning out of state retailer direct shipping.  The order noted, “No judge has requested a vote on the suggestion for rehearing en banc.” At this time, it is unknown if there will be an appeal to the…Read More

Out of State Importer Seeks Appeal to 9th Circuit in Challenge to California Three Tier Law

Despite losing on several motions to dismiss at the district court, Orion Imports will appeal to the 9th Circuit its loss on its dormant Commerce Clause challenge to California’s three tier law. Recent filings by the Plaintiff indicate that its briefing is due at the end of the June and there will be filings on…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

The United States Supreme Court Denies Total Wine’s Request for Certiorari on Challenge to Connecticut’s Alcohol Pricing Regulations

The Supreme Court issued orders this morning from its recent conference and has denied a review of the 2nd Circuit’s decision upholding Connecticut’s alcohol pricing regulations from attack by Total Wine.   This resolves the most high profile antitrust challenge to state alcohol laws currently in the court system. The Supreme Court’s order can be found…Read More

Oral Argument Held By Telephone Before 7th Circuit on E.F. Transit Preemption Challenge to Indiana Prohibited Interest Law

Due to COVID-19 a panel of the Seventh Circuit held oral arguments by telephone on the latest round of the E.F. Transit/Spirited Sales/ Monarch Beverage challenges to Indiana laws prohibiting wholesalers from being in wine, beer and liquor.  This case was under the E.F. Transit banner claims of preemption of Indiana laws due to their…Read More