Briefing Complete for 6th Circuit in Challenge to Michigan Retail Shipping Laws

Briefing is complete in the 6th Circuit and the parties will await oral argument scheduling by the court presumably in the first quarter of 2020. Recall the district court struck Michigan’s law related to out of state retailer sales as a violation of the dormant commerce clause. The state of Michigan has filed its reply…Read More

Briefing Complete in 8th Circuit Retailer Shipping Case Challenging Missouri Law

Since the June ruling by the Supreme Court in Tennessee Wine Retailers Association there have been a few other judicial developments that this website has covered such as newly filed lawsuits, a 5th Circuit win by Texas and a victory by California against a challenge by an out of state importer. One of the other…Read More

California Attorney General Moves Again to Dismiss Orion’s Amended Complaint

The California Attorney General has filed a motion to dismiss the Orion plaintiffs’ third amended complaint.  A link to the motion is here.  The case is noticed for hearing on November 22. The exasperated state once again moves to dismiss this complaint and notes that the amended complaint still doesn’t state a claim surviving a…Read More

A Reflection on the 21st Amendment views of Justice Stevens

This month our nation lost a patriot who served our nation with great distinction when retired Supreme Court Justice John Paul Stevens died at the age of 99.  Justice Stevens was a brilliant man of many experiences; Navy seaman, World War Two veteran, antitrust lawyer, and eventually the third longest serving Supreme Court Justice. While…Read More

Two Additional Retail Wine Shipping Cases Filed (Indiana and Texas)

I neglected to post the other day two additional lawsuits filed by James Tanford on behalf of wine retailers challenging state laws in Indiana and Texas. The Indiana Complaint is by wine fans and a wine retailer called the Chicago Wine Company.  The Texas Complaint was filed by  a consumer, a business owner and a…Read More