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

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