Irish Liquor Lawyer in Wine Searcher
It is a great honor to contribute to Wine Searcher’s article about the recent 8th Circuit decision which upheld Missouri’s discriminatory wine retailer shipping law. I am very disappointed with the result and the judge’s reasoning on the interplay between the Commerce Clause […]
Irish Liquor Lawyer in Wine Spectator
It is a great honor to contribute to Wine Spectator’s article about the recent Tennessee legislation which threatens to prohibit many out-of-state wines from the Tennessee marketplace.
Missouri’s discriminatory wine retailer shipping law upheld by the 8th Circuit
The Eight Circuit announced today that Missouri’s wine retailer shipping law, which allows in-state retailers to ship to Missouri residents, but denies this same privilege to out-of-state retailers is constitutional. Sarasota Wine Markets, LLC v. Schmitt, 19-1948 (8th Circuit) Sarasota […]
Tennessee legislation represents the biggest attack on DTC shipping in our lifetime
Tennessee legislation, HB 0742 and SB 0705, represents the biggest attack on direct-to-consumer (DTC) wine shipping in our lifetime. Unlike many state laws which are aimed at curtailing or prohibiting wine retailer shipping, these bills are aimed at winery shipping.
In 2005 […]
Drizly shows favorable laws and the free market work
Yesterday’s announcement that Uber would acquire Drizly for $1.1 billion should be greeted with great applause by those in the liquor industry.
On a personal level, I am ecstatic for my good friends at Drizly, I hope they can cash in their equity for […]
Whitmer takes the path of least Constitutional resistance
Several liquor bills (Senate Bills 934, 1138, 1139, 1140) in Michigan were recently vetoed by Governor Gretchen Whitmer. When presented with the bills, Governor Gretchen Whitmer decided to exercise her pocket veto, which allows a governor to veto legislation by failing to act on […]
Although I wish the Court would have granted cert in Lebamoff, I enjoyed the opportunity to discuss the case and wine shipping in general with Wine Searcher.
U.S. Supreme Court denies cert in the retailer wine shipping case
Today, the U.S. Supreme Court denied cert in Lebamoff v. Whitmer, a case which challenged a Sixth Circuit ruling which held that Michigan’s ban on out-of-state wine retailer shipping was deemed constitutional.
Although the Sixth Circuit’s decision clearly deviates from the legal […]
The U.S. Supreme Court distributes Lebamoff for conference for January 8, 2021. We should know next week whether the Supreme Court will agree to grant cert in Lebamoff, which challenges the 6th Circuit’s ruling that Michigan’s wine retailer shipping law was deemed constitutional.
Originally, the case was set for conference on December 11, 2020, but was rescheduled […]
Predictions for 2021
Today, I pay ode to the late John McLaughlin and make predictions for the new year. Enjoy it will be a wild one!
Prediction 1: The Supreme Court makes a move on wine retailer shipping. Lebamoff v. Whitmer, which appeals the 6th Circuit’s ruling allowing Michigan’s discriminatory wine retailer shipping […]