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

Amicus Briefs Filed in 7th Circuit on Case Related to Challenge to Indiana Retail Delivery Laws

The effort by an Illinois retailer to sell directly to Indiana residents is before the 7th Circuit.  Chicago Wine Company and others had filed a dormant Commerce Clause challenge against the governor and other members of the State of Indiana. The District Court  ruled for Indiana on the dormant Commerce Clause claims relating to delivery…Read More

District Court Issues Rash Decision. Rules for State of North Carolina and Dismisses Out of State Retailer’s Dormant Commerce Clause Complaint

Pardon the pun but the lawsuit brought by Mike Rash, B-21 Wines, et. al has been dismissed by the district court so I will call it the Rash decision. United States District Judge Frank Whitney of the Western District of North Carolina has granted the state of North Carolina’s motion to dismiss the effort of…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

9th Circuit Affirms Dismissal of Out of State Importer Challenge to California Law

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