He’s Back Again. Fourth Time a Charm? Another Amended Complaint Filed in California Out of State Importer Case

Although the district court granted the state’s motion to dismiss,  the plaintiffs in Orion Wine have taken the lifeline to amend their complaint once again in their challenge to California law.   They have reshaped this version as a more frontal assault on the California requirement that alcohol come to rest in California before it goes…Read More

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

Briefing Complete in Mississippi Supreme Court for Illegal Shipping Matter

The state of Mississippi filed its reply brief in their case against three out of state alcohol companies that shipped alcohol to minors, dry counties, and consumers in violation of Mississippi law. This brief rebuts arguments made by the alcohol companies and their amicus briefs about their claim of a  lack of jurisdiction over these…Read More