7th Circuit overturns the District Court in Lebamoff which deals with Illinois’ law prohibiting out-of-state shipping by a retailer

The 7th Circuit reversed a Federal District Court decision which decided that an Illinois’ law prohibiting out-of-state retailer shipping was constitutional. 

In reversing the District Court Judge Wood’s opinion held: “The district court accepted Illinois’s reasoning and dismissed the case with prejudice. We conclude that it was too quick to do so in the face of material contested issues about the necessity for and justifications behind the Illinois statute. We therefore reverse, but with the caveat that there are other aspects of the Illinois law—not before us at present—that will be difficult for plaintiffs to surmount if Tennessee Wine does not come out in their favor. “

The opinion is attached below. If you have any questions, please contact me at sean.oleary@olearylpgroup.com. More to follow!

Lebamoff 7th circuit.pdf

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