The oral argument of US Air’s appeal is set for September 20th in Denver before the 10th Circuit.   In a twist, the US Government has pushed to be allowed to participate in the oral argument and has been granted time. The motion the federal government filed to participate in oral argument is here.
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Appellate Briefs [...]

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

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 opinion, [...]

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

The court issued a ruling today setting oral argument for ABI’s Motion for Summary Judgement for June 16.  It the decision it denied the Wine and Spirits Wholesalers of Illinois attempt to intervene in the lawsuit.  However it agreed to consider the arguments made by WSWI as well as those by the Associated Beer Distributors of [...]

Posted May 10, 2010 by davetate under 21st Amendment, Alcohol Regulation, 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 oral argument while [...]

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

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.
 
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. 
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

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

There is a new Illinois lawsuit seeking to stop the recently enacted increases in beer, wine and spirits taxes.   There are several arguments advanced in the complaint.  Of interest to me is its discussion of beer taxes vs. wine/liquor taxes.  In a new twist on the long running equilization debate, the plaintiff claims it is [...]

Posted September 1, 2009 by admin under Alcohol Regulation, Alcohol Review