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
Yesterday a US District court in Texas ruled on a challenge to various parts of the Texas ABC code. The decision is here. Judge Sparks struck down three provisions of the Texas ABC code for violating the 1st Amendment right to commercial speech. He upheld the equal protection and commerce clause challenges to the Texas code. [...]
Posted December 21, 2011 by admin under Alcohol Review
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
The United States Supreme Court did not grant but did not deny cert in the dormant commerce clause case out of the Ohio Supreme Court relating to the taxation of satellite television. The Supreme Court has asked for the views of the Justice Department on this case. The lengthy order list (see page 6) can [...]
Posted October 3, 2011 by admin under Alcohol Review, Dormant Commerce Clause, Supreme Court
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 4th annual legal symposium is set for September 11-13 in Chicago. The meeting starts with a reception Sunday night the 11th. The meeting will last all day Monday the 12th and end around noon on the 13th. The keynote address will be by Washington Attorney General Rob McKenna. Attorney General McKenna is currently chairman [...]
Posted July 30, 2011 by admin under 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