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 called the 21st Amendment Enforcement Act.   The press release…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

Ohio Concludes 21st Amendment Enforcement Act Litigation

The district court has approved the final consent order in the 21st Amendment Enforcement Act lawsuit brought by the state of Ohio against various wine sellers.  As explained in the joint motion requesting approval of the consent order filed by Ohio and defendant Wine.com, the defendant has agreed to open to comply with Ohio law…Read More

2020 Alcohol Litigation Cases in Review: No New Supreme Court Case (Yet) and a Narrowing of the Battlefield

2020 was another very busy year for alcohol litigation.  At this time in January 2020, I noted the possibility of seven cases being presented to the Supreme Court for their consideration in 2020.  With the 2019 Tennessee Wine & Spirits Retailers Association decision fresh in mind, it was unknown if the court was going to…Read More