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

Ohio Wins Some and Loses Some on Retail Shipping Motion to Dismiss

A busy week of dormant Commerce Clause litigation continues.  Judge Sarah Morrison of the Eastern District of Ohio partially granted the state of Ohio’s Motion to Dismiss but ruled against outright dismissal of the case. In her decision, Judge Morrison granted the motion to dismiss most of the individually named state defendants but kept the…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

Supreme Court Denies Review of Lebamoff Challenge to Michigan Retail Delivery Laws

The Supreme Court issued an order today denying certiorari in hundreds of cases.    The Lebamoff appeal of their loss at the 6th Circuit was one of the cases on today’s order list. This order ends this case but the same law firm has cases pending in the 8th and 9th circuits with seven other…Read More

It Is Finally Over in Indiana. E.F. Transit Preemption Appeal Dismissed by 7th Circuit.

After nearly a decade of legislation, news stories, and litigation maneuvering between Monarch Beverage, E.F. Transit, and the state of Indiana,  the fights in Indiana over cross-tier ownership and preemption appear to finally be at a conclusion, at least for now with these entities.  The Seventh Circuit has granted the motion of E.F. Transit to…Read More