Well this case went out with a whimper. After being remanded to the district court by the 10th Circuit and having a trial date set for this April, the parties in the US Airways lawsuit against New Mexico dismissed this case without prejudice. Recall this case was challenge by US Airways to the propriety of New Mexico alcohol [...]
Posted January 31, 2012 by davetate under 21st Amendment, Alcohol Regulation, Alcohol Review, Supreme Court
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
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 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 [...]
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