Archives for 2020

It Is Finally Over in Indiana. E.F. Transit Preemption Appeal Dismissed by 7th Circuit.

After nearly a decade of legislation, news stories, and litigation maneuvering between Monarch Beverage, E.F. Transit, and the state of Indiana,  the fights in Indiana over cross-tier ownership and preemption appear to finally be at a conclusion, at least for now with these entities.  The Seventh Circuit has granted the motion of E.F. Transit to…Read More

Supreme Court Passes on Taking Wal-Mart’s Appeal of Texas Retail Liquor Law

The Supreme Court today denied request of Wal-Mart to appeal its loss in the 5th Circuit of its “discrimination in effect” dormant commerce clause challenge to the Texas law restricting the sale of liquor to privately held companies.   The matter now returns to federal district court in Texas per the 5th Circuit ruling last year….Read More

Maricopa County Superior Court Denies Injunction Against Bar Closures

Judge Pamela Gates of Maricopa County Superior Court denied the request of 100 bars to toss the emergency restrictions placed on bars. A copy of her ruling can be found here. There are helpful articles (1, 2) that summarize her 14 page opinion. At this stage she is denying the emergency relief and appears to…Read More

Minnesota District Court Strikes Law Requiring Minnesota Wine be Made From Minnesota Grapes

After a remand from the 8th Circuit, the district court in Minnesota struck the state law that provides advantages to wineries who made their wine primarily from Minnesota grapes.   The opinion by Judge Wilhelmina M. Wright on competing motions for summary judgement avoided discussion of the 21st Amendment and found strict scrutiny appropriate due to…Read More

Amended Complaint, Answer, and Counterclaims In Connecticut Distributor-Brewer Dispute

There has been a counterclaim by ABI, an Amended Complaint by Dichello and an Answer by Dichello in the pending dispute over the ABI equity agreement. The case will move towards discovery on the various claims and counterclaims.   At the heart of the issue is if the contract provisions whereby ABI purports to control the manager…Read More