The sponsors of H.R. 5034 have announced they plan to amend their legislation.  This legislation will be a more limited version and can be found here.   A section by section analysis of this bill is here. H.R. 5034, “The Comprehensive Alcohol Regulatory Effectiveness Act of 2010” or “CARE Act,” was introduced in the U.S. House [...]

Tags: alcohol, CARE Act, Craig Purser, H.R. 5034, NBWA, protect state rights, The Comprehensive Alcohol Regulatory Effectiveness Act of 2010
Posted April 26, 2010 by davetate under 21st Amendment, Alcohol Review, Dormant Commerce Clause

UPDATE…….. ARIZONA WINS The 9th Circuit has issued a ruling. The state of Arizona wins, volume caps and face to face purchase requirements are permissible. Read the ruling here. (OLDER POST) On September 15th, the 9th Circuit heard oral arguments of a wineries appeal of an Arizona district court’s decision upholding the state’s winery laws.   Click here if you would like  to hear the [...]

Posted April 13, 2010 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause

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.  The staff of the attorney general actually  spent time reviewing the proposed supplier contracts to state law and were very concerned [...]

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

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 [...]

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 [...]

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