New Wine Retailer Cases Filed in Kentucky and New Jersey

Two new retail wine shipping cases were filed this past week.  Both lawsuits are from the same law firm that has brought various pieces of litigation to a dozen states challenging state alcohol laws on behalf of out of state winery or wine retailer shipping interests.

Both new lawsuits claim the state laws violate the Commerce Clause and the Privileges and Immunities Clause of Article IV, Section 2 of the United States Constitution.
  • The Kentucky complaint (Tannins of Indianapolis v. Bevin) seeks to strike down the KY retailer residency law and the KY law that bars out of state companies from shipping to Kentucky residents.
  • The New Jersey complaint (Freeman v. Murphy) alleges that New Jersey law bars out of state retailers from shipping. The complaint does not list any challenged New Jersey statutes.

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