Indiana District Court Rejects Preemption Claim Against Indiana

Judge Richard Young of the Southern District of Indiana today granted the state of Indiana’s motion for Summary Judgment in the challenge by E.F. Transit to the state’s denial of E.F. Transit’s transportation services. This case has a long and tortured back story with a previous dismissal for being unripe being reversed by the 7th Circuit earlier…Read More

Final Briefing Filed in 5th Circuit on Walmart Challenge to Texas Laws on Liquor Sales

Amicus briefs in support of Walmart were recently filed by the Pacific Legal Foundation/ Retail Litigation Center and the Institute for Justice.   Final reply briefs by the Texas Package Store Association and the state of Texas were filed this week.   The 5th Circuit has several hundred pages of briefing to wade through as it resolves issues related to…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

Iowa Court of Appeals Upholds Iowa Cross Tier Ownership Law

  The Iowa Court of Appeals has upheld a district court decision that upheld the decision of the Iowa Alcohol Beverages Division to deny a beer retail permit renewal due to a violation of the Iowa laws prohibiting ownership across the supplier, distributor and retailer tier. The opinion authored by Judge Vogel  dismissed the constitutional challenges…Read More

Federal Court Rejects Challenge to Oklahoma Constitutional Amendment on Alcohol

Federal Judge Robin Cauthron today dismissed a challenge to the recently passed amendment to the Oklahoma Constitution relating to alcohol sales. Last year the voters in Oklahoma voted for historic changes to alcohol laws in the state with 65.6% in favor of the proposed changes. The plaintiffs, the Oklahoma Retail Association, had a competing initiative that did…Read More