Mississippi Wine Express Decision
Intro
The decision from the Mississippi Wine Express case sets a bad precedent in utilizing ambiguity to impose legal jurisdiction over a business. The results of the decision will hurt Mississippi consumers and could lead to businesses avoiding interaction with Mississippi residents. The lack of concrete standards utilized […]
The Mississippi Supreme Court ruled that Wine Express and various other New York and California retailers established personal jurisdiction in Mississippi when they sold wine to Mississippi customers pursuant to UCC terms of contract in California and New York and helped arrange shipping for the customers back to Mississippi.
This is an interesting case of the […]
Chief Judge Diane Mueller ruled in favor of California in a challenge to its laws which requires that alcoholic beverages imported into the state be consigned and delivered to a licensed importer at the importer’s licensed premises or at a public warehouse. A Florida importer, who wanted to deliver products to California retailers directly without […]
On this blog, I discussed how we need to question government’s role in the alcohol industry. Specifically, we need to question when government operates in one of the three tiers.
We have seen the debacle of government running the liquor distribution system, https://irishliquorlawyer.com/has-michigan-lost-complete-control-of-its-liquor-system/, and we must question whether it is good policy for the state […]
In a narrow 5-4 ruling the Oklahoma Supreme Court found as unconstitutional a law requiring the top 25 brands of wine and spirits be sold to every Oklahoma distributor.
The overturned law essentially deemed null and void a 2016 constitutional amendment approved by voters which allowed manufacturers to choose a single wholesaler. (This amendment also allowed […]
Mississippi-Wine Express Oral Argument: Did the Mississippi Supreme Court get it right or are they going down the wrong road?
Procedural History & Introduction
The long-awaited oral argument in the Mississippi UCC/wine retailer shipping case occurred last week.
In this case, the Mississippi Attorney General (AG) performed a sting operation where AG’s agents ordered wine from […]
The 6th Circuit set oral argument for Lebamoff v. Snyder, this case pertains to Michigan’s ban on out-of-state retailer shipping. The ban was deemed unconstitutional at the lower court and the state appealed.
This will be the 1st wine shipping case at a federal circuit court since the Tennessee Wine decision.
The argument is set for Thursday March 12 at […]
The big issue in this case was whether like the district court, the 8th Circuit would render a decision on an alcohol statute/regulation without going through a 21st Amendment analysis?
The 8th Circuit differed from the district court in that it went […]
Missouri loses major liquor case in the 8th Circuit dealing with tied-house laws and advertising restrictions. More details to follow later.