He’s Back Again. Fourth Time a Charm? Another Amended Complaint Filed in California Out of State Importer Case

Although the district court granted the state’s motion to dismiss,  the plaintiffs in Orion Wine have taken the lifeline to amend their complaint once again in their challenge to California law.   They have reshaped this version as a more frontal assault on the California requirement that alcohol come to rest in California before it goes…Read More

2nd Circuit Rejects Total Wine’s Request for En Banc Review of Their Challenge to Connecticut Pricing Laws

The Second Circuit denied Total Wine’s request for a full en banc review of their unsuccessful challenge to certain parts of the Connecticut alcohol pricing laws.    However, four of the eleven judges signed onto a dissent from the denial of rehearing en banc filed by Judge Sullivan.  Judge Sullivan’s opinion makes it clear that…Read More

Walmart Seeks Full 5th Circuit En Banc Review of Texas Corporate Ownership Ban, Package Stores Seek Rehearing From Panel

Walmart has filed a request to have the entire 5th Circuit hear their challenge to the Texas law banning publicly traded corporations from selling liquor.    Walmart’s en banc petition claims that the panel at the 5th Circuit undercut the recent Supreme Court’s Tennessee Wine and Spirits Retailer Association v. Thomas case and committed errors in…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