A new lawsuit has been filed in federal court in the Eastern District of California by an Illinois winery and a California retailer claiming that California law impermissibly favors California wineries over out of state wineries. The lawsuit alleges that the California laws violate the dormant Commerce Clause and the Privileges and Immunities Clause of…Read More
Maryland Beer Delivery Law Struck as Facially Discriminatory
Maryland has a law that was passed during the COVID situation to allow Maryland brewers to deliver beer to consumers using their own trucks. Out of state brewers were not afforded comparable privileges. A Washington brewery, a Pennsylvania brewery, and a Maryland consumer brought a lawsuit to challenge the Maryland law. The state of Maryland…Read More
Two Alcohol Retailer Shipping Cases Seeking Supreme Court Review
The first half of 2026 will be spent on Supreme Court watch as the court has been asked to review the decisions of two circuit courts below. Recall, in the past few years, the Supreme Court has already passed on taking reviews of similar alcohol cases where the states won in the 3rd, 4th, 6th,…Read More
Briefing Completed for 6th Circuit Review of Challenge to Ohio Retail Shipping Laws
The 6th Circuit is being tasked once again to review a state alcohol law related to out of state retailers. Recall the 6th Circuit already ruled for Michigan in 2021 on a challenge to their retailer laws. Briefs seeking to overturn the district court’s decision in favor of Ohio have been filed by the appellant…Read More
9th Circuit Denies Rehearing and En Banc Request in Challenge to Arizona Retail Shipping Law
As expected, the Ninth Circuit issued a notice rejecting the request to have the panel rehear its previous decision for the state of Arizona. Also, none of the 29 active judges on the Ninth Circuit have requested to review this panel’s decision en banc. The Order reads as follows: The panel has voted to deny…Read More