The 5th Circuit has wasted little time rejecting this third bite at the apple. In the order, no judge on the 5th Circuit asked to hear and review this case. Like the 2nd Circuit case, the 5th Circuit noted that Granholm dealt with wineries, not retailers. The Granholm court’s holding that the three tier system is [...]
Posted August 22, 2010 by admin under 21st Amendment, Dormant Commerce Clause, Supreme Court
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
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
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.
SUPREME COURT [...]
Posted March 8, 2010 by admin under 21st Amendment, Alcohol Regulation, Dormant Commerce Clause, Supreme Court
A motion for summary judgement was filed by the plaintiffs in the Cap’n Cork case. Recently Indiana filed its cross motion for summary judgement. The recent Wine Country 5th Circuit case as well as the Buy-Rite case from New York in the 2nd Circuit and the other Indiana case, Baude at the 7th Circuit all heavily [...]
Posted February 15, 2010 by admin under 21st Amendment, 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
The First Circuit dealt a blow to state alcohol regulation today ruling against Massachusett’s 30,000 gallon volume cap for wineries. In its opinion, the 1st Circuit determined that the MA law, helped by statements in the legislative record, was discriminatory in both purpose and effects and violated the Dormant Commerce Clause. This is a different [...]
Posted January 14, 2010 by admin under 21st Amendment, Dormant Commerce Clause, Supreme Court
UPDATE: The Supreme Court has denied certiorari in this 6th Circuit matter. Cert denial can be found here.
Update: TN brief below. Supreme Court to decide whether to take this the week of September 29, 2009.
A pairing of lawyer and wine connoisseur has lead to the U.S. Supreme Court being asked whether limitations imposed by Tennessee [...]
Posted October 5, 2009 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause, Supreme Court
