Another Retailer Shipping Case Filed – This Time in North Carolina

The lawyer combination of Tanford and Epstein have filed their (at least) sixth retail shipping dormant commerce clause lawsuit since the Tennessee Wine & Spirits Retailers Association decision in the Supreme Court. This time they have filed a complaint on behalf of Florida business and several North Carolina residents claiming that the North Carolina laws…Read More

One Less Retail Shipping Case – Texas Lawsuit Dropped

There is one less retail direct shipping dormant Commerce Clause case as the plaintiffs in the Texas lawsuit have voluntarily dismissed without prejudice their lawsuit against Texas.  But don’t worry there are at least eight others still active in the federal courts across the country. (earlier post) Two Additional Retail Wine Shipping Cases Filed (Indiana…Read More

8th Circuit Upholds Striking Of Missouri Tied House Law and Advertising Regulation as Violation of First Amendment

In a relatively short decision, the 8th Circuit upheld the district court decision striking a Missouri statute and two regulations related to advertising the prices of alcohol. The fourteen page opinion was written by Circuit Judge Jane Kelly.  She agreed with the district court that the state of Missouri had not proven its case for…Read More

5th Circuit Denies One More Attempt at a Rehearing in Walmart/Texas Liquor Licensing Case.

In what I would expect to be the last briefing before them, the 5th Circuit denied En Banc review for this matter after a holiday filing from Walmart asking for rehearing En Banc.  (There is nothing on PACER for this December 27th motion filed by Walmart.) The 5th Circuit denied the rehearing with a form…Read More

Monster Secures Stay of Mandate Pending Supreme Court Appeal

My recent post was erroneously was posted with a date of January 1, 2019 (first failure to update for 2020 of the year) and in the interim I neglected to follow up on the latest filings.    After the Ninth Circuit rejected the En Banc request of Monster they turned around and filed a motion…Read More