An Arkansas resident has brought suit against the state after he was denied a liquor store permit due to state mandated limit on liquor stores in his county. The plaintiff challenged the liquor store restriction stating that it violates the commerce clause and “substantially interferes with interstate commerce.” Here is the amended complaint, brief in…Read More
New Alcohol Litigation in Arkansas Challenging Retail Licensing
October 16, 2013 21st Amendment Alcohol Regulation
State of Missouri Wins Challenge to State Alcohol Laws at 8th Circuit.
September 25, 2013 21st Amendment Equal Protection Supreme Court
Today the 8th Circuit released its judgment and opinion in the Southern Wine and Spirits challenge to Missouri’s alcohol code. In its opinion, the court upheld the decision of district court Judge Nanette K. Laughrey. The 8th Circuit dismissed the Commerce Clause and Equal Protection challenges to Missouri law. The 8th Circuit joins the 2nd, 4th…Read More
Oral Argument Held in 8th Circuit Challenge By Southern Wine & Spirits
April 9, 2013 21st Amendment Equal Protection Supreme Court
Today the 8th Circuit held oral arguments on Southern Wine & Spirits appeal of the district court’s ruling in favor of Missouri regarding their wholesaler licensing law. The history of the case and briefing is provided at length below. Sitting on today’s panel were 8th Circuit Judges Colloton and Shepherd as well as Iowa District…Read More
New Virginia Law Helps Industry Members Receive Declaratory Rulings Before Costly Litigation
March 19, 2013 21st Amendment Alcohol Regulation Guest Columns
Virginia recently passed a law that will provide clarity to both brewers and distributors alike. Below is a summary of the bill provided by Walter Marston of Marston & McNally who represents the Virginia Beer Wholesalers Association: An amendment to the Virginia Beer Franchise Act effective July 1 will enable breweries and beer wholesalers to…Read More
IL Liquor Control Commission Lets ABInBev Keep 30% Stake in Distributor Despite Law Change
November 1, 2012 21st Amendment Alcohol Regulation
In a Halloween opinion after a contested hearing earlier this month, the IL Liquor Control Commission decided NOT to revoke the license of the distributor entities that have a 30% interest from ABInbev. In a 4-2 opinion, the four Commissioners stated that the Law Division of the ILLCC had not met its burden to revoke…Read More
