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

Briefing Possibly Complete in 7th Circuit on Preemption Claim Against Indiana

E.F. Transit filed its reply brief for their appeal to the 7th Circuit.  They draw a bright line and essentially claim Congress expressly preempted state alcohol regulation and that speculative state interests in tied house laws are insufficient to overcome the “powerful” federal interest in deregulating the trucking industry.  They maintain that if a state…Read More

United States Supreme Court Upholds 6th Circuit and Strikes Tennessee’s Retail Residency Case

Reinforcing the law school adage of “bad facts make bad law,” the U.S. Supreme Court upheld the 6th Circuit decision that struck down Tennessee state law that imposes a durational residency requirement for establishing and renewing a retail liquor license. Justice Alito wrote the majority opinion in the 7-2 decision, while Justice Gorsuch authored the…Read More

Recent Deaths in Dominican Republic Underscore the Need to Maintain a Strong, Closed Alcohol Regulation and Distribution System

The news this month has been filled with news reports of the tragic deaths of 11 Americans while vacationing in the Dominican Republic.   Much of the media attention on these deaths have centered on the possible consumption of poisonous/tainted alcohol by the victims.  While more study is being done and the FBI is now involved,…Read More

Tennessee Retailers’ Supreme Court Case Has A New Respondent

The pending Supreme Court case on the Tennessee retail residency law is now on its third named state defendant.  Sorry Clayton Byrd and now Zachary Blair, your name is off the case caption.  Congratulations to Russell F. Thomas who is the new Executor Director of the Tennessee Alcohol Beverage Control and because of that title…Read More