15th Annual Center for Alcohol Policy Legal Conference to be held August 30 and 31 in Nashville

I am excited to be a part of the 15th Center for Alcohol Policy Legal Conference which will be held in Nashville, Tennessee. The conference starts with a reception the evening of August 29 and then goes all day the 30th and half the day on Wednesday the 30th. Registration can be found here. There…Read More

First Half of 2022 State Alcohol Litigation Roundup

Last year I provided an update on alcohol litigation against the states. Like last year, there continues to be a significant narrowing in the types of active litigation but a stubborn volume of specific challenges under one remaining theory: the dormant Commerce Clause. For the most part, these lawsuits are attempts by out-of-state retailers to…Read More

Motions for Summary Judgment Filed in Rhode Island Retail Shipping Case

The state of Rhode Island and intervenor have filed renewed motions for summary judgment to dismiss the attempt by an out of state retailer to ship into Rhode Island.   The plaintiff has previously filed its motion for summary judgment.   Both the initial brief of Rhode Island and the brief of the intervenor-Defendant Rhode Island…Read More

Dueling Motions for Summary Judgment Filed in Ohio Retailer Shipping Case

While the Supreme Court declined to take another dormant Commerce Clause case in 2021 and we wait for the 4th and 7th Circuit, action at the district court level continues. Briefs were filed this week in the Ohio retailer shipping case.   The court had earlier dismissed some defendants but declined to dismiss the case pending…Read More

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