The Supreme Court issued an order today denying certiorari in hundreds of cases. The Lebamoff appeal of their loss at the 6th Circuit was one of the cases on today’s order list. This order ends this case but the same law firm has cases pending in the 8th and 9th circuits with seven other…Read More
Supreme Court Denies Review of Lebamoff Challenge to Michigan Retail Delivery Laws
January 11, 2021 21st Amendment Alcohol Regulation Supreme Court
2020 Alcohol Litigation Cases in Review: No New Supreme Court Case (Yet) and a Narrowing of the Battlefield
January 4, 2021 All
2020 was another very busy year for alcohol litigation. At this time in January 2020, I noted the possibility of seven cases being presented to the Supreme Court for their consideration in 2020. With the 2019 Tennessee Wine & Spirits Retailers Association decision fresh in mind, it was unknown if the court was going to…Read More
It Is Finally Over in Indiana. E.F. Transit Preemption Appeal Dismissed by 7th Circuit.
December 29, 2020 21st Amendment Alcohol Regulation Preemption Supreme Court
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
Oral Argument Set by 9th Circuit in February 2021 for Orion Imports’ Appeal on Standing
December 8, 2020 21st Amendment Alcohol Regulation Supreme Court
The 9th Circuit has scheduled oral arguments for the review of the Orion Imports challenge to California licensing laws. The appeal will be held in San Francisco on February 11, 2021. The district court had dismissed Orion’s complaint on standing grounds and the 9th Circuit schedule describes the case this way: “An appeal from the…Read More
Ohio Settles with One Defendant in 21st Amendment Enforcement Action, Possibly More On the Way.
November 12, 2020 21st Amendment Alcohol Regulation All
The Ohio Attorney General has settled with one of the seven defendants from its groundbreaking 21st Amendment Enforcement Act lawsuit it filed in federal court. Ohio and AWS Hopkins, LLC dba Ace Spirits have jointly agreed to a consent order that mirrors most of the concerns outlined by Ohio’s complaint. In the Consent Decree and…Read More
