One Less Retail Shipping Case – Texas Lawsuit Dropped

There is one less retail direct shipping dormant Commerce Clause case as the plaintiffs in the Texas lawsuit have voluntarily dismissed without prejudice their lawsuit against Texas.  But don’t worry there are at least eight others still active in the federal courts across the country.

(earlier post) Two Additional Retail Wine Shipping Cases Filed (Indiana and Texas)

I neglected to post the other day two additional lawsuits filed by James Tanford on behalf of wine retailers challenging state laws in Indiana and Texas.

The Indiana Complaint is by wine fans and a wine retailer called the Chicago Wine Company.  The Texas Complaint was filed by  a consumer, a business owner and a corporation called House of Glunz claiming to be a wine retailer.

Both complaints allege that the state laws that do not favor their business model violate the dormant commerce clause and also violate the Privileges and Immunities Clause in Article IV of the United States Constitution.  Both the 5th Circuit and 7th Circuit have previously addressed these issues but that was before the recent Supreme Court decision in Tennessee Wine Retailers Association.

There recently was an article in Drinks Business with a quote by the plaintiffs’ attorney where he noted his goal of “free trade in alcohol” across the country.

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