The Sixth Circuit changes the course of wine retailer shipping lawsuits

By |2023-07-15T19:02:56+00:00July 15th, 2023|Liquor Case Discussion|

 

Important factors

Before going into a summary of the legal decision, I wanted to provide some major points on why this decision, Block v. Canepa, is of paramount importance.

The first post Tennessee Wine decision on wine retailer shipping was Lebamoff v. Whitmer, where the Sixth Circuit found Michigan’s discriminatory wine retailer shipping […]

6th Circuit reverses and remands decision upholding Ohio’s discriminatory wine retailer shipping law

By |2023-07-15T00:55:02+00:00July 14th, 2023|Liquor Case Discussion|

The Sixth Circuit reversed (Block v. Canepa) a decision from an Ohio Federal District Court upholding Ohio’s discriminatory wine retailer shipping law. The Sixth Circuit held that the case needs to be remanded back to the district court for further proceedings and that the District Court failed to consider the evidence provided by the […]

Wine Needs to Flex Its Muscles

By |2023-07-06T16:11:09+00:00July 6th, 2023|Liquor Industry Insights|

 

Wine faces a threat it may not see coming around the corner. The unholy alliance of the trial lawyer bar and overzealous government bureaucrats threatens serious damage to the industry’s future. The good news is a lot of this can be defeated if the wine interest wakes up and decides it’s time to fight.

Two existential […]

Wisconsin legislation waves goodbye to the 21st Amendment and other constitutional concerns

By |2023-06-23T14:30:26+00:00June 23rd, 2023|Liquor Industry Insights|

 

Wisconsin’s new legislation, SB 332, includes legal principles that are so out of the ordinary that when these principles were introduced into law in Illinois, they couldn’t get past step 1 in the legislative process and died a quick death.

The legal faux pas in the legislation derive from the Uniform Law Commission’s work on the […]

Letting major manufacturers DTC ship can combat liquor corruption

By |2023-06-19T19:31:15+00:00June 19th, 2023|Liquor Case Discussion|

 

Not a surprise but there is corruption in the liquor field. We have seen it at government agencies in Oregon and Virginia and the Treasury Report on Competition recognized that despite active enforcement that there are exclusionary behaviors that include “discriminatory conduct by distributors.”[1]

The corruption in Virginia and Oregon pertained to how rare […]

WSWA’s solution that just doesn’t square

By |2023-06-11T02:02:31+00:00June 11th, 2023|Liquor Case Discussion|

WSWA’s solution that just doesn’t square

In its 2023 Membership Handbook, WSWA advocates against direct-to-consumer (DTC) shipping. It labels DTC shipping the biggest threat to the industry.

With WSWA worried that DTC shipping is such a big threat, it proudly lists its efforts crusading against DTC Shipping. One item on its list of Anti-DTC Advocacy […]

Don’t California my Ireland

By |2023-05-30T01:40:44+00:00May 30th, 2023|Liquor Industry Insights|

 

California is notorious for implementing business regulations that make no sense. These regulations are costly for market participants and raise the cost to do business there. This once great state is seeing something I thought unimaginable in my lifetime, more native-born people leaving than entering the state.

I guess unaware of this trend, my father’s country […]

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