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
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
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
Well here we go. The 1st Circuit will get another chance to address alcohol litigation. Coors has filed a notice of appeal to the 1st Circuit on their attempt to strike down the small brewer tax rate in Puerto Rico. Their notice of appeal is here. (Previous post) District Judge Rules Against Coors District Judge Daniel Dominguez has [...]
Posted April 6, 2011 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause
Today the United States Supreme Court issued a long list of orders. On this list was the denial of certiorari in the Wine Country Gift Baskets v. Steen case out of the 5th Circuit. The orders can be found here. The Supreme Court decision leaves in place the ruling of the 5th circuit upholding the [...]
Posted February 22, 2011 by admin under 21st Amendment, Alcohol Regulation, Dormant Commerce Clause, Supreme Court
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. [...]
Posted January 2, 2011 by admin under 21st Amendment, Alcohol Regulation, Dormant Commerce Clause, Supreme Court
The sponsors of H.R. 5034 have announced they plan to amend their legislation. This legislation will be a more limited version and can be found here. A section by section analysis of this bill is here. H.R. 5034, “The Comprehensive Alcohol Regulatory Effectiveness Act of 2010” or “CARE Act,” was introduced in the U.S. House [...]
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 [...]
Posted April 13, 2010 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause
Iowa has recently joined the ranks of states having a federal court determining the future of its state alcohol laws. Indiana University Professor James Tanford has filed another Dormant Commerce Clause lawsuit this one challenging provisions in the Iowa alcohol code dealing with reciprocity for direct shipping. A copy of this lawsuit can be found here. By [...]
Posted January 21, 2010 by admin under 21st Amendment, Alcohol Review, Dormant Commerce Clause