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 [...]
Posted September 17, 2009 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review
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
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
Interesting New Jersey Case about Dram Shop Liability was released yesterday.? In the case of Bauer v. Nesbitt the NJ Supreme Court reversed a lower appeals court ruling that held a drinking establishment guilty under the Dram Shop law despite the fact that it did not provide any alcohol to the under aged, intoxicated person. ? [...]
Posted April 13, 2009 by admin under Alcohol Review
Last week in New Orleans the 5th Circuit held oral arguments on the case Siesta Village v. Perry. Recall this is one of the three challenges to state laws that require sales to consumers go through licensed in-state retailers. The 2nd Circuit held oral arguments in the similar New York case in January and there is [...]
Posted April 7, 2009 by admin under Alcohol Review
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
This first-of-its-kind 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 [...]
Posted March 11, 2009 by admin under Alcohol Review