Archives for July 2019

The Supreme Judicial Court of Massachusetts Upholds Law Banning Sales Below Costs Against Challenge from Total Wine

The highest court in Massachusetts has upheld the state law that prevents sales of alcohol below costs.   This case stems from an enforcement action against Massachusetts Fine Wine and Spirits (Total Wine) related to the state definition of cost of liquor.   The Court stated: “We conclude that the plain language of § 2.04(1) requires that…Read More

A Reflection on the 21st Amendment views of Justice Stevens

This month our nation lost a patriot who served our nation with great distinction when retired Supreme Court Justice John Paul Stevens died at the age of 99.  Justice Stevens was a brilliant man of many experiences; Navy seaman, World War Two veteran, antitrust lawyer, and eventually the third longest serving Supreme Court Justice. While…Read More

New Lawsuit in Michigan Claims Arbitrary Enforcement By State of Preempted Wine Law

A lawsuit has been filed in the western district court in Michigan by certain winery and cider interests against a new Michigan law and its enforcement.   Essentially, after many years of deferring to federal wine law, the plaintiffs assert that Michigan has created new vague laws in the area impacting wine production and bonded winery…Read More