Michigan Court Enters Stay of Retail Shipping Order Pending Supreme Court Review of TN Case

Because of the pending Supreme Court review of the Byrd v. TN Retailers Association matter, Judge Tarnow granted the state of Michigan’s motion and has issued a stay of his injunction against the Michigan retail shipping law.   In acknowledging the pending Supreme Court matter, the judge noted: “The Court is aware that legislative efforts to bring…Read More

Supreme Court Grants Cert in Tennessee Retailers Case

The Supreme Court will hear the appeal of the Tennessee Retailers Association.  On September 27, 2018 the court granted the petition filed earlier this summer.   The question presented to the court is “Whether the Twenty-first Amendment empowers States, consistent with the dormant Commerce Clause, to regulate liquor sales by granting retail or wholesale licenses only to individuals or…Read More

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

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