The pending Supreme Court case on the Tennessee retail residency law is now on its third named state defendant. Sorry Clayton Byrd and now Zachary Blair, your name is off the case caption. Congratulations to Russell F. Thomas who is the new Executor Director of the Tennessee Alcohol Beverage Control and because of that title…Read More
Tennessee Retailers’ Supreme Court Case Has A New Respondent
February 27, 2019 21st Amendment Alcohol Regulation Supreme Court
Guest Column: 100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy
January 15, 2019 21st Amendment Alcohol Regulation All Antitrust Equal Protection Guest Columns Preemption Supreme Court
100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy On January 16, 2019 the United States Supreme Court will hear oral arguments in the case Tennessee Wine and Spirits Retailers Association v. Blair. January 16th is a critical date in alcohol policy history because on…Read More
Indiana District Court Rejects Preemption Claim Against Indiana
December 12, 2018 21st Amendment Alcohol Regulation Equal Protection Preemption Supreme Court
Judge Richard Young of the Southern District of Indiana today granted the state of Indiana’s motion for Summary Judgment in the challenge by E.F. Transit to the state’s denial of E.F. Transit’s transportation services. This case has a long and tortured back story with a previous dismissal for being unripe being reversed by the 7th Circuit earlier…Read More
Motion to Dismiss Out of State Wholesaler Challenge to California Wholesaler Law Scheduled for December 21, 2018
November 29, 2018 21st Amendment Supreme Court
The Eastern District of California will hear the Motion to Dismiss filed by the state of California on December 21, 2018. California wholesaler organizations weighed in with an amicus in support of the state and the plaintiff Orion Wine has filed a brief in opposition to the motion to dismiss. (previous post) Motions to Dismiss Out of…Read More
Michigan Court Enters Stay of Retail Shipping Order Pending Supreme Court Review of TN Case
October 12, 2018 21st Amendment Alcohol Regulation Supreme Court
Because of the pending Supreme Court review of the Byrd v. TN Retailers Association matter, Judge Tarnow granted the state of Michigan’s motion and has issued a stay of his injunction against the Michigan retail shipping law. In acknowledging the pending Supreme Court matter, the judge noted: “The Court is aware that legislative efforts to bring…Read More
