Why States should keep winning the physical-presence cases, Part I: using the extraterritoriality doctrine on defense

Guest Column:  John Neiman, Shareholder,  Maynard Cooper & Gale in Birmingham, Alabama and former Supreme Court (and 4th Circuit) law clerk and former Alabama State Solicitor General On June 1st the Fourth Circuit upheld, against a dormant Commerce Clause challenge, a North Carolina law requiring retailers who sell alcohol in the State to have a…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

Oral Arguments Held in 7th Circuit on Retailer Challenge to Indiana Law

The 7th Circuit held oral arguments on the Chicago Wine challenge to Indiana laws banning out of state retailers from shipping to Indiana residents.  The link to the oral argument can be found here. Judge  Easterbrook, Judge Kanne, and Judge Scudder served on this panel.  Judge Easterbrook noted that there have been a bunch of…Read More

Supreme Court Declines to Review 8th Circuit Ruling for Missouri on Retail Shipping Case

The Supreme Court today issued its order list from its October 8 conference.  The certiorari petition sought to have the court overturn the 8th Circuit decision upholding Missouri’s retail delivery laws.  The 8th Circuit decision noting that the Missouri law does not violate the dormant Commerce Clause stands.   Earlier this year the Court rejected a similar…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