I am excited to be a part of the 15th Center for Alcohol Policy Legal Conference which will be held in Nashville, Tennessee. The conference starts with a reception the evening of August 29 and then goes all day the 30th and half the day on Wednesday the 30th. Registration can be found here. There…Read More
15th Annual Center for Alcohol Policy Legal Conference to be held August 30 and 31 in Nashville
July 27, 2022 21st Amendment Alcohol Regulation All
Why States should keep winning the physical-presence cases, Part I: using the extraterritoriality doctrine on defense
June 17, 2022 21st Amendment Alcohol Regulation Guest Columns Supreme Court
Guest Column: John Neiman, Shareholder, Maynard Cooper & Gale in Birmingham, Alabama and former Supreme Court (and 4th Circuit) law clerk and former Alabama State Solicitor General On June 1st the Fourth Circuit upheld, against a dormant Commerce Clause challenge, a North Carolina law requiring retailers who sell alcohol in the State to have a…Read More
Supreme Court Declines to Review 8th Circuit Ruling for Missouri on Retail Shipping Case
October 12, 2021 21st Amendment Alcohol Regulation Supreme Court
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
Wal-Mart Ends Federal Lawsuit Challenge to Texas Liquor Laws
April 27, 2021 21st Amendment Alcohol Regulation Equal Protection Supreme Court
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
February 25, 2021 21st Amendment Alcohol Regulation Supreme Court
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
