District Court Rules for Ohio in Retailer Shipping Challenge

Judge Morrison of the Eastern District of Ohio granted the state of Ohio’s summary judgment motion to dismiss an out of state retailer’s challenge to Ohio alcohol laws.   A copy of the decision can be found here. The court noted that the 6th Circuit had already ruled in a “substantially similar” case out of Michigan. …Read More

Washington Brewers File Lawsuit Against Oregon For Right to Ship to Consumers and Retailers

The same plaintiff’s attorney that has brought nearly two dozen, mostly unsuccessful lawsuits against states on behalf of wineries and retailers now has added breweries to his list of plaintiffs. A lawsuit was filed this week by three Washington breweries against Oregon on its laws relating to direct sales to consumers and for direct sales…Read More

4th Circuit Denies Petitions for Rehearing and En Banc Hearing Request on North Carolina Retailer Shipping Case

Today the 4th Circuit denied the petition for rehearing as well as the petition to have an en banc hearing of the entire 4th Circuit for the out of state retailer shipping case in North Carolina. I presume this will be another case that the plaintiffs will seek Supreme Court review as they had in…Read More

Why States should keep winning the physical-presence cases, Part I: using the extraterritoriality doctrine on defense

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

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