2020 Alcohol Litigation Cases in Review: No New Supreme Court Case (Yet) and a Narrowing of the Battlefield

2020 was another very busy year for alcohol litigation.  At this time in January 2020, I noted the possibility of seven cases being presented to the Supreme Court for their consideration in 2020.  With the 2019 Tennessee Wine & Spirits Retailers Association decision fresh in mind, it was unknown if the court was going to…Read More

Ohio Settles with One Defendant in 21st Amendment Enforcement Action, Possibly More On the Way.

The Ohio Attorney General has settled with one of the seven defendants from its groundbreaking 21st Amendment Enforcement Act lawsuit it filed in federal court.  Ohio and AWS Hopkins, LLC dba Ace Spirits have jointly agreed to a consent order that mirrors most of the concerns outlined by Ohio’s complaint. In the Consent Decree and…Read More

Motion to Dismiss and Response Filed in Ohio Retailer Shipping Case

The state of Ohio has filed its Motion to Dismiss the retailer shipping case brought by an Illinois retailer seeking the right to ship to Ohio consumers.  It notes several defects in the complaint centered around standing and redressability. The Defendant’s response to the state’s motion predictably disagrees with the state’s view citing the rich…Read More

Maricopa County Superior Court Denies Injunction Against Bar Closures

Judge Pamela Gates of Maricopa County Superior Court denied the request of 100 bars to toss the emergency restrictions placed on bars. A copy of her ruling can be found here. There are helpful articles (1, 2) that summarize her 14 page opinion. At this stage she is denying the emergency relief and appears to…Read More

Minnesota District Court Strikes Law Requiring Minnesota Wine be Made From Minnesota Grapes

After a remand from the 8th Circuit, the district court in Minnesota struck the state law that provides advantages to wineries who made their wine primarily from Minnesota grapes.   The opinion by Judge Wilhelmina M. Wright on competing motions for summary judgement avoided discussion of the 21st Amendment and found strict scrutiny appropriate due to…Read More