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
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
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
Well the sordid ten year history of the TFWS case is over. There will be no appeal to the United States Supreme Court. In order to save the state money from attorneys fees, the state will not appeal in exchange for not having to pay attorney fees. In a fee settlement agreement filed with the court the [...]
Posted January 13, 2010 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, 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
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
Today the U.S. Supreme Court held its final session. Traditionally the tougher cases on its docket are decided the last few days of the court term and today was no exception. In a close 5-4 decision, the Supreme Court upheld the rights of the states to enforce state laws against discrimination in mortgage lending against [...]
Posted June 29, 2009 by admin under Alcohol Regulation, Supreme Court
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
