The Sixth Circuit reversed (Block v. Canepa) a decision from an Ohio Federal District Court upholding Ohio’s discriminatory wine retailer shipping law. The Sixth Circuit held that the case needs to be remanded back to the district court for further proceedings and that the District Court failed to consider the evidence provided by the plaintiffs and defendants.
Further, the 6th Circuit held that the District Court wrongly applied the Lebamoff standard from the 6th Circuit noting that Lebamoff does not preclude a challenge to DTC retailer shipping laws, but that the ban is permissible based upon the evidence in the record.
The Plaintiffs were also successful in their challenge to Ohio shipping limits.
This decision represents a victory not only for the plaintiffs but for how widely Lebamoff can be applied.
More to follow.