Missouri Alcohol Advertising Laws Struck Down After Trial

While on vacation I neglected to post this update on the Missouri Broadcaster lawsuit against certain advertising laws in Missouri.  After the 8th Circuit reversed and remanded for fact-finding, a Missouri district judge held a bench trial to examine these laws. On June 29th, the court ruled against the state of Missouri and struck down…Read More

United States Supreme Court Rules for State in High Profile Remote Sales Tax Case

In a 5-4 decision, the United States Supreme Court ruled for the state of South Dakota against a challenge brought by online/remote retailers.   The decision in South Dakota v. Wayfair, et al reverses a decision by the South Dakota Supreme Court.   The opinion overturns the Court’s earlier opinions from 1992 in Quill and 1967 in Bella Hess…Read More

New Law Review Article Offers Comprehensive Overview of 21st Amendment and the Commerce Clause

A large number of law review articles addressing the 21st Amendment take a very narrow view of the amendment as part of on going policy fights related to alcohol regulation.  So, it is refreshing to see a new law review article that gives a more balanced history on the interaction between the 21st Amendment and…Read More

New Shipping Lawsuit Filed in California

A new lawsuit was filed in California by the same law firm that has brought pending challenges in Illinois and Michigan.  Their Missouri challenge was dismissed just last week. The California lawsuit was filed in federal court in the Eastern District of California. The Complaint on behalf of Orion Wine Imports and an owner of the company claims…Read More

Missouri District Court Dismisses Out of State Retailer Challenge to Missouri Alcohol Law

United States District Judge Henry Edward Autrey granted the state of Missouri’s Motion to Dismiss the complaint filed by a Florida wine retailer, a Missouri consumer, and a Florida wine “advisor” against the Missouri law that only allows Missouri retailers to deliver to consumers.   The Complaint alleged violations of the dormant Commerce Clause and the Privileges and Immunities…Read More