Oral Arguments Held in 7th Circuit on Retailer Challenge to Indiana Law

The 7th Circuit held oral arguments on the Chicago Wine challenge to Indiana laws banning out of state retailers from shipping to Indiana residents.  The link to the oral argument can be found here. Judge  Easterbrook, Judge Kanne, and Judge Scudder served on this panel.  Judge Easterbrook noted that there have been a bunch of…Read More

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

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

Court Dismisses Retailer Challenge to Kentucky Law

Judge Hale of the Western District of Kentucky dismissed a constitutional challenge by an out-of-state retailer to Kentucky laws as it sought to be able to ship alcohol to Kentucky residents from out of state retail locations.  The Court granted the state’s motion to dismiss the dormant Commerce Clause and Privileges & Immunities challenges. The…Read More