9th Circuit Affirms Dismissal of Out of State Importer Challenge to California Law

Well, that was quick. Two weeks after oral argument, the Ninth Circuit has affirmed the trial court and upheld the motion to dismiss filed by California in the dormant Commerce Clause challenge by a Florida importer to California’s law requiring retailers to source their alcohol from in state wholesalers.  The opinion can be found here….Read More

Court Dismisses Retailer Challenge to Kentucky Law

Judge Hale of the Western District of Kentucky dismissed a constitutional challenge by an out-of-state retailer to Kentucky laws as it sought to be able to ship alcohol to Kentucky residents from out of state retail locations.  The Court granted the state’s motion to dismiss the dormant Commerce Clause and Privileges & Immunities challenges. The…Read More

Maryland Appellate Court Rules Against Pabst Again in Attempted Successor Supplier Distributor Termination

The Maryland Court of Special Appeals has ruled again for a beer distributor who was wrongly terminated by Pabst Brewing as a result of Pabst Brewing reorganizations. The Maryland court found that the Maryland Beer Franchise law was clear and that that the corporate restructuring of Pabst Brewing did not qualify it to be a…Read More

Ohio Concludes 21st Amendment Enforcement Act Litigation

The district court has approved the final consent order in the 21st Amendment Enforcement Act lawsuit brought by the state of Ohio against various wine sellers.  As explained in the joint motion requesting approval of the consent order filed by Ohio and defendant Wine.com, the defendant has agreed to open to comply with Ohio law…Read More

Supreme Court Denies Review of Lebamoff Challenge to Michigan Retail Delivery Laws

The Supreme Court issued an order today denying certiorari in hundreds of cases.    The Lebamoff appeal of their loss at the 6th Circuit was one of the cases on today’s order list. This order ends this case but the same law firm has cases pending in the 8th and 9th circuits with seven other…Read More