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
I’m having a bad computer day and cannot upload some documents but there have been a bunch of things going on in Washington state. Apparently, Costco, the Northwest Grocery Association, the Yes on I-1183 campaign, Costco counsel John McKay, and others have moved to intervene in these cases. Also, there was a hearing today on the [...]
Posted December 6, 2011 by admin under Alcohol Regulation, Alcohol Review
Under the category of cleaning up, I realized I had posted the complaint but never follwoed through on this post. The Illinois Supreme Court rejected the tax increase challenges on liquor and noted it did not violate the state’s single subject rule. The complaint is here. Sorry for the long delay. (earlier post) Illinois Lawsuit Seeks [...]
Posted September 1, 2011 by admin under Alcohol Regulation, Alcohol Review
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
An Ohio judge ruled for distributors and against Pabst in its effort to terminate distributors. Pabst Brewing Co. stock was sold to Pabst Holding Co and Pabst Holding claimed to be a successor manufacturer. They terminated existing distributors under OH Franchise Act and the distributors brought this matter to court. The court stated that interpretation of [...]
Posted March 15, 2011 by admin under Alcohol Regulation, Alcohol Review, Guest Columns
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