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
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
Very disappointing but not surprising decision from 4th Circuit today ruling against the state on the Maryland laws on price posting , price holdand quantity discount ban. This decision seemed to be a certainty when an entire new panel of 4th Circuit judges came out for oral argument. Personally, I think the court just wanted to [...]
Tags: 4th Circuit, Costco, liquor regulations, Maryland, NBWA, oral arguments, Sherman Anti trust
Posted July 15, 2009 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Supreme Court
A very impressive win for New York today as the Second Circuit rejected a challenge by an out-of-state retailer seeking to sell to NY consumer. In a strong opinion by Circuit Judge Wesley and a very informational concurrence by Circuit Judge Calabresi, the Second Circuit rejected the claims of the plaintiff. The decision notes that [...]
Posted July 1, 2009 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause, Supreme Court
The U.S. Supreme Court decided Granholm v. Heald, a case concerning the direct shipping of wine shipping in 2005. The Court ruled that a state could not prohibit out-of-state wineries from shipping directly to citizens while allowing in-state wineries to do so. The Supreme Court then denied cert on the Brooks v. Vassar case in [...]
Tags: 21st Amendment, law, NBWA
Posted May 18, 2009 by admin under 21st Amendment
