In a long and interesting opinion the 7th Circuit ruled against the plaintiffs claiming retail shipping must be treated equally with winery shipping. Click here for the opinion. The opinion I am sure will give arguments for both sides of the debate about alcohol regulation but on balance has some nice quotations that bolster those in…Read More
7th Circuit Rejects Preemption and Commerce Clause Challenge to Indiana Retail Shipping Laws
January 17, 2012 21st Amendment Alcohol Regulation Equal Protection Preemption
Illinois Tax Upheld by IL Supreme Court
September 1, 2011 Alcohol Regulation
Under the category of cleaning up, I realized I had posted the complaint but never follwoed through on this post. The Illinois Supreme Court rejected the tax increase challenges on liquor and noted it did not violate the state’s single subject rule. The complaint is here. Sorry for the long delay. (earlier post) Illinois Lawsuit Seeks…Read More
Starving Lawyers and Oeniphiles Can’t Survive on $675,000.
July 12, 2011 21st Amendment Alcohol Regulation
Hat tip to Karin Moore at the Wine and Spirits Wholesalers of America for the developments up in Massachusetts. Wow. “Rare” wine collectors and their law firms are crying foul that they were awarded “only” $675,000 in fees and expenses for the 1st Circuit volume cap matter. They have filed this notice of appeal of…Read More
Supreme Court denies certiorari in Wine Country case
February 22, 2011 21st Amendment Alcohol Regulation Supreme Court
Today the United States Supreme Court issued a long list of orders. On this list was the denial of certiorari in the Wine Country Gift Baskets v. Steen case out of the 5th Circuit. The orders can be found here. The Supreme Court decision leaves in place the ruling of the 5th circuit upholding the…Read More
NY: US District Court Strikes Down Brewer’s Attempt to Circumvent Franchise Laws
February 8, 2011 Alcohol Regulation
United States District Court Judge Garaufis in Brooklyn has ruled that New York’s beer franchise statute protects distributors from arbitrary termination. The Court ruled that an importer is a “successor brewer” under the current law and as such is not allowed to terminate its wholesaler without showing good cause. The importer had attempted to terminate its…Read More
