Well this case went out with a whimper.  After being remanded to the district court  by the 10th Circuit and having a trial date set for this April,  the parties in the US Airways lawsuit against New Mexico dismissed this case without prejudice.  Recall this case was challenge by US Airways to the propriety of New Mexico alcohol [...]

Posted January 31, 2012 by davetate under 21st Amendment, Alcohol Regulation, Alcohol Review, Supreme Court

Utah has filed its Motion to Dismiss and their supporting brief.   It noted that the complaint is barred by the state action and unilateral doctrines of antitrust law and the 21st Amendment.  It also notes that the religion groups like the LDS Church, like any group or individual,  has an obvious right to petition government and [...]

Posted January 17, 2012 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review

In a long and interesting opinion the 7th Circuit ruled against the plaintiffs claiming retail shipping must be treated equally with winery shipping.  Click here for the opinion.   The opinion I am sure will give arguments for both sides of the debate about alcohol regulation but on balance has some nice quotations that bolster those in [...]

Posted January 17, 2012 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause

The 7th Circuit clarified their July 6 order with a new order clarifing that the appeal is moot because “Public-Law 97-005 eliminates the geographically disparate treatment of beer distributors. Appellees’ request to vacate the district court’s judgment is DENIED.” (earlier post) 7th Circuit  Dismisses ABInBev v. Illinois The 7th Circuit has dismissed the appeal by ABInbev [...]

Posted July 14, 2011 by davetate under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause

Hat tip to Karin Moore at the Wine and Spirits Wholesalers of America for the developments up in Massachusetts. Wow.  “Rare” wine collectors and their law firms are crying foul that they were awarded “only” $675,000 in fees and expenses for the 1st Circuit volume cap matter.  They have filed this notice of appeal of [...]

Posted July 12, 2011 by davetate under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause

Well here we go. The 1st Circuit will get another chance to address alcohol litigation.  Coors has filed a notice of appeal to the 1st Circuit on their attempt to strike down the small brewer tax rate in Puerto Rico.  Their notice of appeal is here. (Previous post) District Judge Rules Against Coors District Judge Daniel Dominguez has [...]

Posted April 6, 2011 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause

Today the United States Supreme Court issued a long list of orders.  On this list was the denial of certiorari in the Wine Country Gift Baskets v. Steen case out of the 5th Circuit.   The orders can be found here. The Supreme Court decision leaves in place the ruling of the 5th circuit upholding the [...]

Posted February 22, 2011 by admin under 21st Amendment, Alcohol Regulation, Dormant Commerce Clause, Supreme Court

For once we are not talking about the Commerce Clause (positive or dormant) as part of alcohol litigation.   After losing  for some time in the state legislature, it appears some Kentucky retail interests have run to federal court to challenge the state’s laws regulating who can sell what type of alcoholic beverages and under what [...]

Posted January 12, 2011 by admin under 21st Amendment, Alcohol Review

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. [...]

Posted January 2, 2011 by admin under 21st Amendment, Alcohol Regulation, Dormant Commerce Clause, Supreme Court

The Michigan courts have clearly held that anyone wanting to sell alcohol in Michigan has to abide by Michigan law. In a very strongly worded opinion, a Michigan State Court has upheld the decisions of the Michigan Liquor Control Commission finding that the proposed MillerCoors contract violated several aspects of Michigan alcohol law.   In his [...]

Posted July 1, 2010 by davetate under 21st Amendment, Alcohol Regulation, Alcohol Review