Briefing Complete in Mississippi Supreme Court for Illegal Shipping Matter

The state of Mississippi filed its reply brief in their case against three out of state alcohol companies that shipped alcohol to minors, dry counties, and consumers in violation of Mississippi law.

This brief rebuts arguments made by the alcohol companies and their amicus briefs about their claim of a  lack of jurisdiction over these companies.  The state’s reply brief notes that the Mississippi long arm jurisdiction is applicable and the position advocated by the appellees would create an imbalance in regulating the alcohol industry.  It notes that self-serving technicalities in the boilerplate sales contract from these companies cannot exclude these companies from the oversight of law for sales into the state.

The state also pointed out that raising a dormant commerce clause claim at the Supreme Court level is wrong as the argument was waived by failure to raise the issue earlier and the facts show there is no dormant Commerce Clause claim in this case.  Direct shipping is illegal for everyone in Mississippi, in state and out of state.

The case now waits for an oral argument date before the Mississippi Supreme Court and then a decision after that.   I expect oral argument to be held this fall.

The losing party could then ask the United States Supreme Court to take this case as they have jurisdiction to hear appeals from state supreme courts.  According to SCOTUSBlog.com, 11 of the 75 cases heard by the United States Supreme Court this year came from state courts.

(previous post) Briefing Almost Complete for Mississippi Supreme Court on Challenge to Mississippi Sting on Illegal Shipping

I have not posted updates to this litigation in some time.   After the state of Mississippi filed its appeal brief in March, amicus briefs in support of the state were filed by the National Alcohol Beverage Control Administration; a brief filed for the Mississippi Beverage Merchants Committee, Mississippi Beer Distributors Association, & Mississippi Hospitality &Beverage Association; and a brief for the National Beer Wholesalers Association and the Wine and Spirits Wholesalers of America.

The brief of appellees Wine Express, Bottle Deals, and Gold Medal Wine Club has also been filed.    Amicus briefs have been proposed by the National Association of Wine Retailers as well as their related organization Wine Freedom.

This case presents a wide contrast of positions between basics of law school Civil and Criminal Procedure classes from minimum contacts discussions to bootlegging and tax evasion including the claim that the Mississippi efforts to enforce their shipping/dry laws would have a chilling effect on the national alcohol market. Perhaps this case is the next United States Supreme Court case?

The Mississippi Attorney General will file a reply brief and then this matter will be scheduled for oral argument before the court.

Additional  information on this case can be tracked at the Mississippi Supreme Court site at this link.

(earlier post) Appeal filed in Mississippi Action Against Illegal Alcohol Shipment

The Attorney General of Mississippi has indeed filed an appeal with the Supreme Court of Mississippi to the Judgments and Orders of the Chancery Court of Rankin County which had dismissed the state’s Complaint.   We will keep you up to date on additional briefing.

(earlier post)  Mississippi AG to Appeal Shipping Ruling

A state trial court in Mississippi granted defendants’ motion to dismiss a Complaint filed by the State of Mississippi against several retailers that were illegally shipping alcohol into the state.  The court’s opinion did not provide much detail on his rationale.  Read the Rankin County Court decision for yourself (attached as Exhibit A of the Notice of Appeal) here.

The Mississippi Attorney General’s office and the Mississippi Department of Revenue conducted a few “stings” against companies shipping alcohol online.  The news coverage noted several vendors sold into Mississippi despite several laws against shipping.  These companies also directly shipped the alcohol to the office of Commissioner of the Department of Revenue, did not pay taxes and did not confirm the purchaser or recipient was over 21.

The Mississippi Attorney General’s office indicated it will appeal this decision.

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