No Emergency Stay of I-1183. Implementation Continues while WA S.Ct Readies to Hear Appeal

Sorry about the very brief post here.    A Washington State Supreme Court Commissioner has chosen not to grant an injunction against the state for implementation.   Next step, the full Supreme Court of Washington State. Here is his opinion denying the request.  The final lap of this long race will now be before the full Washington Supreme Court with…Read More

US Airways Case Dismissed

Well this case went out with a whimper.  After being remanded to the district court  by the 10th Circuit and having a trial date set for this April,  the parties in the US Airways lawsuit against New Mexico dismissed this case without prejudice.  Recall this case was challenge by US Airways to the propriety of New Mexico alcohol…Read More

7th Circuit Rejects Preemption and Commerce Clause Challenge to Indiana Retail Shipping Laws

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

Illinois Tax Upheld by IL Supreme Court

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.

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