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 Virginia Chapter is seeking to have the Supreme Court review the decision of the 4th Circuit to uphold Virginia’s law on the ban of alcohol advertising in college newspapers. It its cert petition the ACLU argues that the 4th Circuit misapplied the Supreme Court precedent on First Amendment matters.
(EARLIER POST)
A divided panel fo the 4th [...]
Posted August 28, 2010 by admin under Alcohol Review
In a new filing, the government of Puerto Rico has sought to dismiss the Coors lawsuit against Puerto Rico. In its lawsuit Coors Brewing seeks to eliminate the lower tax rate on small brewers. Coors claims that it does not seek to lower the taxes Coors pays, just eliminate the tax break small brewers have [...]
Posted August 10, 2010 by admin under 21st Amendment, Alcohol Review, Dormant Commerce Clause
In this case, the South Carolina Supreme Court ruled that retailers of alcohol are liable for damages incurred by patrons who end up hurting others in car accidents. Read the opinion here.
Posted July 30, 2010 by davetate under Alcohol Review
The aggrieved oenophiles and wine companies have filed their petition for attorneys fees after winning in the First Circuit. Claiming 3,633 hours of work, the plaintiffs seek $2,062,343 from Massachusetts taxpayers for declaring that the state’s facially neutral volume cap law treating big and small wineries differently was unconstitutional despite being upheld in Arizona and Kentucky. Interestingly, [...]
Posted July 16, 2010 by davetate under 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
H.R. 5034, “The Comprehensive Alcohol Regulatory Effectiveness Act of 2010” or “CARE Act,” was introduced in the U.S. House of Representatives by Rep. Bill Delahunt (D-MA), Rep. Howard Coble (R-NC), Rep. Mike Quigley (D-IL) and Rep. Jason Chaffetz (R-UT).
The CARE Act aims to clarify congressional intent that states have primary authority to regulate alcohol; prevent [...]
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 oral argument while [...]
Posted April 13, 2010 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause
AGs from 39 states have signed a letter written to the Honorable Hank Johnston, who chairs a House Judiciary subcommittee on Courts and Competition Policy. The letter seeks help “with the growing threat facing our states from unprecedented legal challenges that seek to eliminate our ability to regulate alcohol.” Read the letter here.
Posted April 13, 2010 by admin under Alcohol Review
