Takeaways
The issue of retailer DTC shipping is heating up with the state of Ohio acknowledging that the 6th Circuit’s decision in Block v. Canepa presents a circuit split on the issue of whether direct shipping restrictions are upheld as a matter of law, like in the 4th and 8th Circuit, or whether […]
I am proud to say I made my 80th media appearance in Wine Searcher discussing the 1st Circuit’s ruling reversing and remanding a lower court decision upholding Rhode Island’s discriminatory wine retailer shipping law.
The Notre Dame Law School and Future’s Group is hosting a unique symposium on liquor issues like no other. The symposium will focus not only on legal issues but issues related to investing in the liquor business from a private equity perspective, environmental issues, international trademark laws and global concerns, and a panel with some […]
The 1st Circuit Court of Appeals in Anvar v. Dwyer (1st circuit decision) affirmed the district court in part, vacated it in part, and remanded for further proceedings.
Takeaways
The 1st Circuit vacated the district court’s decision in very strong terms. It rejected theoretical arguments about essential elements, health and safety, […]
The 1st Circuit reversed and remanded a district court decision that upheld Rhode Island’s discriminatory wine retailer shipping law. The court held that to justify the in-state physical presence requirement for retailers, the court needed concrete evidence to justify its position, something the lower court lacked in its opinion.
More to follow later.
Happy to announce I made a media appearance in Wine Searcher discussing the recent New Jersey wine retailer shipping case.
With the wine retailer shipping cases coming to different results and the 6th Circuit seemingly splitting itself into two sides on this same issue, the issue of whether the 21st Amendment or the Commerce Clause reigns supreme has become hotly contested.
If politics and marriage makes strange bedfellows, then people that think alike on liquor issues […]
Two recent decisions on wine retailer shipping cases out of Arizona ( Arizona Decision) and New Jersey (NJ Decision) federal courts show how judges are misunderstanding the issues and flat out getting it wrong.
In Arizona much of the decision was based on the judge’s conclusion that siding with the retailer would “require complete […]
Roughly around 1637 Rene Descartes espoused the philosophical maxim, “I think; therefore I am.” Mr. Descartes’ first principle of philosophy was a principle of certainty. Pursuant to this principle, he could not doubt that he existed. Not bad that he had found certainty in his first philosophical principle.
Three-hundred and eighty-six years later, the liquor world […]
On July 26, 2023 arguments took place in Anvar v. Dwyer, which challenged Rhode Island’s law, which only allows their in-state retailers to deliver wine to Rhode Island consumers, but denies this same privilege to out-of-state wine retailers. Along with this facially discriminatory law, there was a discriminatory in effect Commerce Clause challenge to the […]