Update:
Since the National Conference of State Legislatures (NCSL) continues to have its position on direct shipping interpreted wrongly across the country, they have sought to clarify it.  Recently, they have written to one attorney  asking for clarity to avoid stating that the the full NCSL had endorsed a wine model shipping legislation.  Click here for the letter.
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SUPREME COURT [...]

Posted March 8, 2010 by admin under 21st Amendment, Alcohol Regulation, Dormant Commerce Clause, Supreme Court

In a very forceful advisory, the California Attorney General has made it clear that California law does not allow suppliers to micromanage and control distributor licensees.  This guidance apparently went to over 600 importers and suppliers.Â
The staff of the attorney general actually  spent time reviewing the proposed supplier contracts to state law and were very concerned about [...]

Posted February 15, 2010 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Guest Columns

A motion for summary judgement was filed by the plaintiffs in the Cap’n Cork case.   Recently Indiana  filed its cross motion for summary judgement.  The recent Wine Country 5th Circuit case as well as the Buy-Rite case from New York in the 2nd Circuit and the other Indiana case, Baude  at the 7th Circuit all heavily [...]

Posted February 15, 2010 by admin under 21st Amendment, Alcohol Review, Dormant Commerce Clause

 The Plaintiffs in the Wine Country Gift Baskets/Siesta Village case are trying to get the entire 5th Circuit to hear their case in a petition filed last week.   In a press release, the Specialty Wine Retailers Association stated:  “We are concerned not only that the Fifth Circuit’s recent ruling disregarded opinions of the U.S. Supreme Court, [...]

Posted January 26, 2010 by admin under 21st Amendment, Dormant Commerce Clause, Supreme Court

Iowa has recently joined the ranks of states having a federal court determining the future of its state alcohol laws.  Indiana University Professor James Tanford has filed another Dormant Commerce Clause lawsuit this one challenging provisions in the Iowa alcohol code dealing with reciprocity for direct shipping.  A copy of this lawsuit can be found here.   By [...]

Posted January 21, 2010 by admin under 21st Amendment, Alcohol Review, Dormant Commerce Clause

The First Circuit dealt a blow to state alcohol regulation today ruling against Massachusett’s 30,000 gallon volume cap for wineries.   In its opinion, the 1st Circuit determined that the MA law, helped by statements in the legislative record, was discriminatory in both purpose and effects and violated the Dormant Commerce Clause.  This is a different [...]

Posted January 14, 2010 by admin under 21st Amendment, Dormant Commerce Clause, Supreme Court

Well the sordid ten year history of the TFWS case is over.  There will be no appeal to the United States Supreme Court.   In order to save the state money from attorneys fees, the state will not appeal in exchange for not having to pay attorney fees.  In a fee settlement agreement filed with the court the [...]

Posted January 13, 2010 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Supreme Court

UPDATE:  The Supreme Court has denied certiorari in this 6th Circuit matter.  Cert denial can be found here.
Update:  TN brief below.   Supreme Court to decide whether to take this the week of September 29, 2009.
A pairing of lawyer and wine connoisseur has lead to the U.S. Supreme Court  being asked whether limitations imposed by Tennessee [...]

Posted October 5, 2009 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause, Supreme Court

If you sell liquor to consumers in New Mexico, you need to be licensed by the state to do so. Period.
United States District Judge M. Christinia Armijo has rejected US Airways claims that federal aviation statutes and regulations (specifically the Airline Deregulation Act and the Federal Aviation Act) preempt New Mexico laws requiring every person [...]

Posted October 2, 2009 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review

Washington Liquor Control Board filed its notice of appeal to the 9th Circuit on the issue of paying nearly all of the attorney fees to Costco despite winning 7/9 of  the litigation.  Their notice is here.   Also, the Washington Beer & Wine Wholesalers Association filed their notice of appeal as well.  Their appeal is here.
The chilling [...]

Posted September 17, 2009 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review