Two Additional Retail Wine Shipping Cases Filed (Indiana and Texas)

I neglected to post the other day two additional lawsuits filed by James Tanford on behalf of wine retailers challenging state laws in Indiana and Texas. The Indiana Complaint is by wine fans and a wine retailer called the Chicago Wine Company.  The Texas Complaint was filed by  a consumer, a business owner and a…Read More

New Wine Retailer Cases Filed in Kentucky and New Jersey

Two new retail wine shipping cases were filed this past week.  Both lawsuits are from the same law firm that has brought various pieces of litigation to a dozen states challenging state alcohol laws on behalf of out of state winery or wine retailer shipping interests. Both new lawsuits claim the state laws violate the…Read More

Briefing Possibly Complete in 7th Circuit on Preemption Claim Against Indiana

E.F. Transit filed its reply brief for their appeal to the 7th Circuit.  They draw a bright line and essentially claim Congress expressly preempted state alcohol regulation and that speculative state interests in tied house laws are insufficient to overcome the “powerful” federal interest in deregulating the trucking industry.  They maintain that if a state…Read More

Waiting for Oral Argument at 8th Circuit in Missouri Broadcasters Association

No oral argument date has been set for the Missouri Broadcasters First Amendment Case against Missouri tied house laws and advertising regulations.   In the meantime the plaintiff’s have filed two separate briefs trying to strike the good brief of the Missouri Solicitor General’s office claiming they are trying to bring facts outside the record into…Read More

United States Supreme Court Upholds 6th Circuit and Strikes Tennessee’s Retail Residency Case

Reinforcing the law school adage of “bad facts make bad law,” the U.S. Supreme Court upheld the 6th Circuit decision that struck down Tennessee state law that imposes a durational residency requirement for establishing and renewing a retail liquor license. Justice Alito wrote the majority opinion in the 7-2 decision, while Justice Gorsuch authored the…Read More