The district court has approved the final consent order in the 21st Amendment Enforcement Act lawsuit brought by the state of Ohio against various wine sellers. As explained in the joint motion requesting approval of the consent order filed by Ohio and defendant Wine.com, the defendant has agreed to open to comply with Ohio law…Read More
Ohio Concludes 21st Amendment Enforcement Act Litigation
January 27, 2021 21st Amendment Alcohol Regulation All
Supreme Court Denies Review of Lebamoff Challenge to Michigan Retail Delivery Laws
January 11, 2021 21st Amendment Alcohol Regulation Supreme Court
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
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
Maricopa County Superior Court Denies Injunction Against Bar Closures
September 9, 2020 21st Amendment Alcohol Regulation All Equal Protection
Judge Pamela Gates of Maricopa County Superior Court denied the request of 100 bars to toss the emergency restrictions placed on bars. A copy of her ruling can be found here. There are helpful articles (1, 2) that summarize her 14 page opinion. At this stage she is denying the emergency relief and appears to…Read More
Minnesota District Court Strikes Law Requiring Minnesota Wine be Made From Minnesota Grapes
September 3, 2020 21st Amendment Alcohol Regulation All
After a remand from the 8th Circuit, the district court in Minnesota struck the state law that provides advantages to wineries who made their wine primarily from Minnesota grapes. The opinion by Judge Wilhelmina M. Wright on competing motions for summary judgement avoided discussion of the 21st Amendment and found strict scrutiny appropriate due to…Read More
