The state of Ohio has filed its Motion to Dismiss the retailer shipping case brought by an Illinois retailer seeking the right to ship to Ohio consumers. It notes several defects in the complaint centered around standing and redressability. The Defendant’s response to the state’s motion predictably disagrees with the state’s view citing the rich…Read More
Motion to Dismiss and Response Filed in Ohio Retailer Shipping Case
October 13, 2020 21st Amendment Alcohol Regulation All Supreme Court
Maricopa County Superior Court Denies Injunction Against Bar Closures
September 9, 2020 21st Amendment Alcohol Regulation All Equal Protection
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
Supreme Court Asks Michigan to Respond to 6th Circuit Cert Petition
September 9, 2020 21st Amendment Alcohol Regulation Supreme Court
The Supreme Court has asked the state of Michigan and the intervening Michigan Beer and Wine Wholesalers Association to respond to the cert petition in the Lebamoff v. Michigan matter. A response is due October 9. It is hard to read much into this news since it only takes one justice to request a…Read More
Minnesota District Court Strikes Law Requiring Minnesota Wine be Made From Minnesota Grapes
September 3, 2020 21st Amendment Alcohol Regulation All
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
September 3, 2020 All
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
