Petition for SCOTUS review filed in North Carolina alcohol shipping case (the one with the great dissent from Judge Wilkinson).
You’ll recall our coverage of the cogent dissent that Judge Wilkinson penned in B-21...
Category: Commerce Clause
In wine retailer shipping case, 4th Circuit panel splits over proper test for Twenty-first Amendment dormant Commerce Clause challenges and interpretation of holdings in Granholm and Tennessee Wine. Bonus: we have the briefs and appendix for you.
Judge Friendly often proved the power of an articulate and well-reasoned dissent. His dissents...
In denying out-of-state retailers the right to ship to Missouri residents, 8th Circuit questions whether Courts should allow dormant Commerce Clause challengers to put on evidence.
One of the recent in the battle over out-of-state retailer shipping: Sarasota Wine Market...
SCOTUS denies Cert. in Lebamoff 6th-Circuit wine retailer shipping case.
This morning, the United States Supreme Court denied the petition for certiorari filed by...
States’ measures to favor in-state residents in cannabis licensing are the new Commerce Clause battleground.
Back in May of this year the Commerce Clause provided a substantial victory for...
SCOTUS denies Wal-Mart’s petition for cert. over Texas ban keeping public corporations from holding retail liquor licenses
Yesterday, the Supreme Court denied the petition for certiorari that Wal-Mart had filed in...
8th Circuit gives Missouri a hard-time in oral argument over important Commerce Clause wine (and beer and liquor) shipping case. Bonus: We’ve got the audio for you.
As one judge put it to the state during this oral argument – “The...
Farm wineries win as court declares Minnesota law mandating use of majority in-state wine ingredients in wines made by farm wineries facially unconstitutional in light of SCOTUS Dormant Commerce Clause jurisprudence. Bonus: we’ve got the briefs for you.
A pair of farm wineries challenged a portion of Minnesota’s farm winery law that...
The Twenty-First Amendment Enforcement Act isn’t the boon for state enforcement of antiquated and Commerce Clause violating direct shipping restrictions that regulators might think it is. These Ohio alcohol shipping cases are about to show that.
An Ohio Federal Court has marked two wine shipping cases as related. One suit...
SCOTUS orders Texas to respond to Walmart cert petition over in-state liquor licensing requirements against public companies selling distilled spirits. We may yet have some good alcohol-related cases this term.
Walmart has been leading a charge against a Texas alcohol law that prohibits many...
No rehearing for 6th Circuit out-of-state retailer alcoholic beverage shipping case. Other Federal Appellate Court Circuit cases continue.
There are similar suits winding their way through different District and Appellate Courts at...
Indiana alcohol regulatory body enjoined from enforcing in-state residency requirements for packaged liquor retailer licenses. Tennessee Wine applied means some regular state arguments for statutory justification must be rejected and cannot satisfy health and safety analysis. Bonus: we’ve got the docs for you.
Upholding the rulings of Granholm and Tennessee Wine, A Federal Court in Indiana has...
