New Dormant Commerce Clause Lawsuit Filed in Arizona by a Florida Retailer

A new dormant Commerce Clause lawsuit has been filed in Arizona alleging that state law prohibits out of state retailers from shipping to consumers while allowing in state retailers that right. The lawsuit is filed on behalf of a Florida retailer, its owner, and two Arizona residents. It is filed by the same law firm…Read More

Michigan Secures Additional 21st Amendment Enforcement Act Settlements

(previous post) Michigan Secures 21st Amendment Enforcement Act Wins I failed to cover the recent developments in Michigan where the Michigan Attorney General’s Office secured two consent orders against two out-of-state shippers who were illegally selling alcohol into the state. The Michigan Attorney General’s office filed its complaints under the 27 USC 122(a) which is…Read More

Rhode Island Judge Denies Motion To Dismiss Retail Shipping Case

Judge John McConnell has ruled against the state of Rhode Island’s Motion to Dismiss.   The state argued that the plaintiffs did not have standing in fact due to admissions made during depositions.  The court found that the plaintiffs’ motivation is not relevant to the existence of standing.  The court concluded noting, “Plaintiffs have pleaded sufficient…Read More

Center for Alcohol Policy Conference to be Held in Chicago on August 30 and 31

I am looking forward to attending the 14th annual Center for Alcohol Policy’s Law and Policy Conference to be held at the Hyatt Centric hotel in Chicago on August 30 and 31.   It will be good to talk about the dormant Commerce Clause with people in the same room again! This year’s conference will feature…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