New Jersey Seeks Panel and En Banc Reheaing in Third Circuit

The New Jersey Attorney General office filed a petition for panel and en banc rehearing in the Third Circuit case.  A copy of their petition is attached here.  New Jersey alleges that the panel that heard the 3rd Circuit did not interpret Granholm correctly,  that they entertained new arguments without giving New Jersey a chance to respond, they incorrectly expanding standing in this case to wine connoisseurs and that the court got the remedy wrong.   New Jersey believes the state legislature not the court should determine the remedy here.


3rd Circuit Rules for New Jersey In a Mixed Decision

Third Circuit upheld New Jersey’s ban on direct shipping but ruled other parts of the NJ ABC Code violated the dormant commerce clause. The court struck down the in-state winery room sales/tasting provisions. Much of the opinion discussed the legality of standing for the plaintiffs. The 3rd Circuit has bounced back to the district court a determination of proper remedy in this matter. The opinion can be found here.


3rd Circuit opinion in New Jersey direct shipping case expected soon

Any day now the 3rd Circuit will issue an opinion in Freeman v. Fischer.  In Freeman, the NJ District court mostly found for the state of New Jersey’s wine shipping laws but had some concerns about fees and regulations of out of state wineries.  The state’s brief to the 3rd Circuit can be found here.


  1. […] New Jersey:  An appeals court in New Jersey determined that while the ban on direct shipping of wine to state residents is constitutional, other parts of New Jersey’s alcohol beverage control laws are in violation of the dormant commerce clause.  In the case Freeman v. Fischer, two New Jersey wine enthusiasts who “seek access to more Kosher wines,” and a California winery brought a suit against Jerry Fischer, New Jersey’s Director of Alcoholic Beverage Control. In his opinion, Pennsylvania District Court Judge Louis H. Pollak (sitting by designation) wrote that legal precedent affirms the state’s right to enforce a three-tier system, but that a ban on direct shipping for only out-of-state wineries would be a violation of the dormant commerce clause. Prior to the 2005 Supreme Court case Granholm v. Heald, New Jersey did allow in-state wineries to ship directly to consumers, but rescinded the ability in anticipation of the outcome of the Supreme Court case. […]

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