The Supreme Court just announced that the cert petition challenging the 8th Circuit’s decision in Sarasota Wine Market, LLC v. Schmitt, which upheld Missouri’s discriminatory wine retailer shipping law, is being distributed for conference on October 8, 2021.
Originally, the cert petition was scheduled for conference on September 27, 2021. No word on why the Court […]
Right Cuomo’s wrong and clean up his mess
Andrew Cuomo left a mess for new Governor Kathy Hochul. In many areas the cleanup will become very difficult. However, there is one area where a quick fix is readily available, that area is helping the struggling hospitality industry.
In Cuomo’s last days, he let […]
The State of Missouri filed a reply brief in the Sarasota Wine v. Schmitt case which is on appeal to the U.S. Supreme Court.
Missouri originally waived their right to respond to a cert petition challenging their discriminatory wine shipping law.
However, the U.S. Supreme Court demanded a response. A conference date is set for September 27th on […]
The fulfillment house folly, what exactly are we accomplishing?
Recently, several states including Alabama, Kansas, and Tennessee passed bills requiring that fulfillment houses shipping wine become licensed. Under these laws, a winery can only ship wine via its own premises or a licensed fulfillment house.
If a winery ships from an unlicensed fulfillment house, it […]
Lebamoff v. O’Connell was dismissed yesterday as the plaintiff is no longer involved in the case based on a business transaction.
This case is the story of pathetic case management and a 94 year-old judge that dragged things on.
We thought this case was set for trial back in April and the date kept getting moved.
By the […]
Judge John Lee replaces Judge William Hart in the Lebamoff v. O’Connell case.
It has been an interesting turn of events as this case has been delayed several times.
Judge Hart is 92 years and has been a senior judge since 1996.
I am hoping with Judge Lee there won’t be as many delays for the trial.
Governor JB Pritzker on Friday signed HB230 which makes radical changes to Illinois law.
The law would allow IL brew pubs to self distribute and would provide guidelines on discounting programs wholesalers could offer.
Please reach to me at sean.o@irishliquorlawyer.com with any questions.
The U.S. Supreme Court today demanded that the state respond to a cert petition filed, which challenges the 8th Circuit’s decision upholding Missouri’s discriminatory wine retailer shipping law.
The Supreme Court has set the case for conference for September 10, 2021. Although the odds are always against the Court granting cert, the Court’s demand means that […]
Fulfillment House Licensing: The new way to undermine direct to consumer shipping
How Licensing fulfillment houses will create an administrative octopus and threaten to kill off avenues for direct-to-consumer shipping.
Direct-to-consumer (DTC) shipping of wine greatly increased during COVID. Conventional wisdom indicates the growth of DTC shipping will ride the wave of momentum […]
Introduction
In my amicus brief to the United States Supreme Court, I attacked the Eighth Circuit’s analysis in Sarasota Wine Market, which upheld a discriminatory state liquor law, because the law protected an essential element of the three-tier system and hence was precluded from a Commerce Clause challenge. I will […]