Once again the plaintiffs are taking their quest for national shipping rights for alcohol retailers to the Sixth Circuit. As you may recall, the plaintiff originally lost at the district court, appealed to the Sixth Circuit, had the Sixth Circuit ask the district court to examine more facts, lost again at the district court when…Read More
Back to the 6th Circuit for Ohio Retail Shipping Case
May 2, 2025 21st Amendment Alcohol Regulation All Supreme Court
Rhode Island Retailer Shipping Cases Voluntarily Dismissed by Plaintiff
November 25, 2024 21st Amendment All Supreme Court
The two lawsuits challenging Rhode Island laws regulating retailer shipping have been voluntarily dismissed by the Plaintiffs. Last week the court issued an order for the Plaintiff to address the serious standing matters present in the Anvar case. The district court had previously ruled for the state in Anvar, but the First Circuit sent the…Read More
Oregon Court Denies State Motion to Strike but Dismisses Governor from WA Brewery Lawsuit
February 23, 2023 21st Amendment Alcohol Regulation Supreme Court
Late last year, the State of Oregon filed a motion to dismiss the complaint in the lawsuit by several Washington state breweries. The state sought to both strike the Complaint on jurisdictional issues and also moved to dismiss the Complaint. In a short opinion, Judge Simon agreed to dismiss the Oregon Governor as a defendant,…Read More
Supreme Court Denies Certiorari in B-21 v. North Carolina Case
January 9, 2023 21st Amendment Alcohol Regulation Supreme Court
Today the Supreme Court refused to take an appeal out of the Fourth Circuit of the win by North Carolina against an out of state retailer and the retailer’s claims that the NC state law regulating instate retail sales violate the dormant commerce clause. The Supreme Court today issued a list of dozens of cases…Read More
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
