Archives for July 2019

8th Circuit Finds Standing, Sends Minnesota Wine Grape Law Back to District Court

I blogged about waiting for the 8th Circuit’s decision last week and now they have ruled this week.  The 8th Circuit reversed the district court’s decision not to find standing in the challenge to the law requiring 51% of the grapes to be from Minnesota to qualify for one of two licenses.   They did not…Read More

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

Two Additional Retail Wine Shipping Cases Filed (Indiana and Texas)

I neglected to post the other day two additional lawsuits filed by James Tanford on behalf of wine retailers challenging state laws in Indiana and Texas. The Indiana Complaint is by wine fans and a wine retailer called the Chicago Wine Company.  The Texas Complaint was filed by  a consumer, a business owner and a…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