One Less Circuit Court Case Reviewing State Alcohol Laws – 10th Circuit Appeal Withdrawn

The Plaintiffs challenging Wyoming state alcohol laws in the 10th Circuit voluntarily withdrew their appeal ending their challenge. Phoenix Vineyards operated a form of “winery Tupperware party” where their representatives would visit houses and drum up support for their wines.  The state of Wyoming noted that this sounded very much like a sale requiring a…Read More

State Attorneys General Call For End to Illegal Alcohol Sales Online

46 State Attorneys General have weighed in with letters to Facebook, Craigslist, and Ebay asking them to take more steps to prevent the illegal sale of alcohol on their platforms. Unlicensed sales risk great harm to public health, alcohol company brands, tax collection and are a growing concern with the growth of counterfeit and fake…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