The First Circuit ruled on the appeal of a challenge to Rhode Island retail shipping laws. The opinion was authored by Circuit Judge Selya and affirms part of the state win below, but also sends back for additional fact-finding on several parts of the challenged statutes. The First Circuit upheld the district court’s ruling upholding…Read More
First Circuit Affirms In Part, Sends Back for More Evidence in Rhode Island Retail Direct Shipping Challenge
September 10, 2023 21st Amendment All Supreme Court
6th Circuit Affirms in Part, Reverses in Part in Ohio Retailer Shipping Case
July 18, 2023 21st Amendment Alcohol Regulation All Supreme Court
The 6th Circuit has ruled on an appeal of the challenge to Ohio’s retailer shipping laws. As a result, the district court will likely have a chance to clarify her previous decision as the 6th Circuit asked for a new review of the evidence. A copy of the decision can be found here. The 6th…Read More
Oregon Court Denies State Motion to Strike but Dismisses Governor from WA Brewery Lawsuit
February 23, 2023 21st Amendment Alcohol Regulation Supreme Court
Late last year, the State of Oregon filed a motion to dismiss the complaint in the lawsuit by several Washington state breweries. The state sought to both strike the Complaint on jurisdictional issues and also moved to dismiss the Complaint. In a short opinion, Judge Simon agreed to dismiss the Oregon Governor as a defendant,…Read More
Supreme Court Denies Certiorari in B-21 v. North Carolina Case
January 9, 2023 21st Amendment Alcohol Regulation Supreme Court
Today the Supreme Court refused to take an appeal out of the Fourth Circuit of the win by North Carolina against an out of state retailer and the retailer’s claims that the NC state law regulating instate retail sales violate the dormant commerce clause. The Supreme Court today issued a list of dozens of cases…Read More
Why States should keep winning the physical-presence cases, Part I: using the extraterritoriality doctrine on defense
June 17, 2022 21st Amendment Alcohol Regulation Guest Columns Supreme Court
Guest Column: John Neiman, Shareholder, Maynard Cooper & Gale in Birmingham, Alabama and former Supreme Court (and 4th Circuit) law clerk and former Alabama State Solicitor General On June 1st the Fourth Circuit upheld, against a dormant Commerce Clause challenge, a North Carolina law requiring retailers who sell alcohol in the State to have a…Read More
