California District Court Grants State’s Motion to Dismiss Out of State Importer’s Dormant Commerce Clause Challenge

California District Court Judge Kimberly J. Mueller granted the state of California’s Motion to Dismiss a challenge brought by an out of state wine importer under the dormant Commerce Clause.   The court did give the plaintiffs the opportunity to consider if they would like to file to amend their complaint for a third time “if…Read More

Public Ownership Ban of Liquor Stores Survives. Texas Wins on Dormant Commerce Clause as 5th Circuit Vacates and Remands District Court

The first federal court decision on a state’s alcohol laws analyzed under the dormant Commerce Clause since the recent Tennessee Wine and Spirits Retailers Association case has now been handed down and the state of Texas is the beneficiary. The issue is a Texas law (22.16) that bans public ownership of liquor store retailers.  On…Read More

A Reflection on the 21st Amendment views of Justice Stevens

This month our nation lost a patriot who served our nation with great distinction when retired Supreme Court Justice John Paul Stevens died at the age of 99.  Justice Stevens was a brilliant man of many experiences; Navy seaman, World War Two veteran, antitrust lawyer, and eventually the third longest serving Supreme Court Justice. While…Read More

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