Archives for 2009

US Supreme Court Denies Cert in Review of VA DUI/ 4th Amendment Case

While I was at the Center for Alcohol Policy’s annual legal symposium, the Supreme Court denied certiorari in  Virginia v. Harris.    This was a petition seeking review of a 4-3 Virginia Supreme Court decision that held that an anonymous tip of a suspected drunk driver was not sufficicent for a police officer to pull over the…Read More

Update: US Supreme Court Denies Certiorari in TN Case (Bredesen v. Jelovsek)

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…Read More

UPDATE- Appeals Filed In Costco Fee Dispute

Washington Liquor Control Board filed its notice of appeal to the 9th Circuit on the issue of paying nearly all of the attorney fees to Costco despite winning 7/9 of  the litigation.  Their notice is here.   Also, the Washington Beer & Wine Wholesalers Association filed their notice of appeal as well.  Their appeal is here. The…Read More

4th Circuit Rules Against State of Maryland in TFWS Case.

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…Read More

Law Banning Consumption or Possession of Alcohol By Minors Unconstitutional in SC?

I am not sure how long this order-of-dismissal will stand but apparently a judge in South Carolina decided that  the laws against minor’s possesion of alcohol or consuming alcohol  are unconsititutional.    This will go to a higher court for a second opinion.  Here is an article about this decision.