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

I am not sure how long this order-of-dismissal will stand but apparently a judge in South Carolina decided that  the laws against minor’s possesion of alcohol or consuming alcohol  are unconsititutional.    This will go to a higher court for a second opinion.  Here is an article about this decision.

Posted July 15, 2009 by admin under Alcohol Regulation

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

Today the U.S. Supreme Court held its final session.  Traditionally the tougher cases on its docket are decided the last few days of the court term and today was no exception.  In a close 5-4 decision, the Supreme Court upheld the rights of the states to enforce state laws against discrimination in mortgage lending against [...]

Posted June 29, 2009 by admin under Alcohol Regulation, Supreme Court

This discussion forum is designed to provide information and discuss the rapidly developing issue of alcohol law and the growing attempts by special interests to have the judiciary determine alcohol laws as opposed to elected officials. There is always something going on in alcohol law and we hope you will visit and contribute to this [...]

Tags: Alcohol Law Review, NBWA, regulation
Posted March 11, 2009 by admin under Alcohol Regulation, Alcohol Review, Dormant Commerce Clause, Supreme Court

The federal, state, and contractual system of alcohol regulation from origin through final sale to consumer is a system that has greatly served the American consumer.  From its prohibition on vertical integration and the 13,000 labels of beer available in the United States, to the prevention of grey and black markets, it’s a system that [...]

Tags: beer, NABCA, NBWA, Paul Pisano
Posted March 11, 2009 by admin under Alcohol Regulation

In what may be the textbook case of how state alcohol regulators and attorney generals can best fight challenges to their alcohol laws, the LA Court of Appeals dismissed a challenge in Jungles v. Painter.  A copy of this opinion can be found here.  This decision contains much defense of the 21st Amendment and the [...]

Tags: 21st Amendment, effective state-based regulation, Jungles v. Painter, LA Court of Appeals, NBWA
Posted March 11, 2009 by admin under Alcohol Regulation