Motions to Dismiss Out of State Wholesaler Case in California Filed

The State of California has filed a Motion to Dismiss a Complaint filed by Orion Wine (a Florida company) and a Florida businessman who claim that the three-tier laws of California that require retailers in California to secure their alcohol from California wholesalers is a violation of the dormant Commerce Clause and the Privileges and…Read More

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…Read More

Supreme Court Briefing Completed By Parties for Tennessee Retailers Association’s Appeal from 6th Circuit

In February 2018, the 6th Circuit ruled in a mostly 2-1 decision to uphold a district court’s finding that the alcohol retail residency laws of the state of Tennessee violated the dormant Commerce Clause. The 6th Circuit case is captioned Byrd, et. al v. Tennessee Retailers Association 883 f.3d 608 (6th Cir. 2018).  The Tennessee law required…Read More

11th Annual Center for Alcohol Policy Law and Policy Conference set for October 9-11

The Center for Alcohol Policy will conduct its 11th Annual Law and Policy Conference in St. Paul, Minnesota.  It will start with a reception on October 9, a full day of panels the 10th and finish by noon on the 11th.  The agenda will include many of the issues covered in this alcohol website include…Read More

Wal-Mart’s victory in Texas Retail Case Heading to the 5th Circuit

The retailers in the Wal-Mart litigation have appealed Judge Pittman’s decision to the 5th Circuit.   Wal-Mart has cross appealed the portions of the dormant Commerce Clause claims they were unsuccessful in pursuing so both Equal Protection and dormant Commerce Clause issues will be before the 5th Circuit on appeal.   Briefing by the parties are due by the…Read More