Maricopa County Superior Court Denies Injunction Against Bar Closures

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

Supreme Court Asks Michigan to Respond to 6th Circuit Cert Petition

The Supreme Court has asked the state of Michigan and the intervening Michigan Beer and Wine Wholesalers Association to respond to the cert petition in the Lebamoff v. Michigan matter.    A response is due October 9. It is hard to read much into this news since it only takes one justice to request a…Read More

Minnesota District Court Strikes Law Requiring Minnesota Wine be Made From Minnesota Grapes

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

Mississippi Case Not Heading to Supreme Court, Yet.

The time for an appeal to the United States Supreme Court has passed in the Wine Express matter in Mississippi state courts.  As such, this matter will return to lower courts for additional proceedings as a result of the Attorney General’s sting and enforcement actions against out of state retailers for illegally selling alcohol into…Read More

Ohio Wholesaler Group Intervenes in Ohio Retailer Litigation

The Wholesale Beer & Wine Association of Ohio has been permitted to  intervene in the pending dormant commerce clause challenge filed by an Illinois retailer alleging that Ohio retail delivery laws violate the dormant Commerce Clause. (previous post) Ohio Joins the Litigation Club As There Is a New Retailer Lawsuit Filed in Ohio Earlier this…Read More