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 more discovery.  The parties are all back seeking to have the court rule on their motions.

The state of Ohio filed its brief supporting the motion for summary judgment.   The intervening wine and wholesalers association likewise filed a separate brief in support of the state.  At the same time the plaintiffs filed their brief in support of their competing motion for summary judgment as well as a request for relief of a previous order dismissing the challenge to Ohio wine importation limits and one of the defendants. The plaintiff’s brief and attachments can be found here.

Ohio is within the 6th Circuit which previously upheld a similar Michigan alcohol retailer shipping law and the Supreme Court declined to take the case in 2021.

(previous post) 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 case alive for the underlying charge against the state.  Judge Morrison noted that there needs to be additional information for her to properly rule on the underlying motion to dismiss so she ordered the Plaintiff to submit additional proof related to the likelihood of enforcement actions against the plaintiffs.

(previous post) Motion to Dismiss and Response Filed in Ohio Retailer Shipping Case

The state of Ohio has filed its Motion to Dismiss the retailer shipping case brought by an Illinois retailer seeking the right to ship to Ohio consumers.  It notes several defects in the complaint centered around standing and redressability.

The Defendant’s response to the state’s motion predictably disagrees with the state’s view citing the rich history of litigation within states in the 6th Circuit and urges the court to allow them to move the evidentiary stages.

(previous post) Ohio Wholesaler Group Intervenes in Ohio Retailer Litigation

The Wholesale Beer & Wine Association of Ohio has been permitted to  intervene in the pending dormant commerce clause challenge filed by an Illinois retailer alleging that Ohio retail delivery laws violate the dormant Commerce Clause.

(previous post) Ohio Joins the Litigation Club As There Is a New Retailer Lawsuit Filed in Ohio

Earlier this month Ohio was covered on this website for going on the offense to prevent untaxed alcohol sales into the state.   This week, they are now a defendant as an Illinois retailer has brought a dormant Commerce Clause challenge against them.

The Complaint filed on behalf of House of Glunz retail store in Illinois alleges that Ohio law violates the dormant Commerce Clause because it allows Ohio retailers to do take orders of wine and deliveries in Ohio but claims a retailer in Illinois cannot.

This lawsuit filed in the Southern District of Ohio is brought by the same law firm that has at least eight other dormant Commerce Clause challenges against various states including one that has sought review at the United States Supreme Court.

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