Orion v. Applesmith, Director of California ABC: A decision without a resolution

By |2020-04-13T21:10:21+00:00August 25th, 2019|Liquor Case Discussion|

 

Facts

Orion is a Florida licensed importer and wholesaler that would like to import product and sell it directly to California retailers. It seeks a license to become a California importer. A California importer can also obtain a wholesaler license and transfer the product from its importer license to its wholesaler license and then […]

Federal Judge rules in favor of California ABC on Commerce Clause Challenge

By |2020-04-13T20:42:30+00:00August 19th, 2019|Breaking News, Liquor Case Discussion|

A California Federal District Court dismissed a Commerce Clause challenge against a California law which required an importer to have a physical location in California in order to sell to California retailers.

Additionally, the Court rejected the Plaintiff’s Privilege and Immunities challenge to the California law.

Nevertheless, the Court granted the plaintiff’s leave to amend their complaint […]

5th Circuit reverses and remands a District Court decision finding that the Texas Public Corporation ban was unconstitutional

By |2020-04-13T20:45:04+00:00August 18th, 2019|Liquor Case Discussion|

Takeaways

The 5th Circuit took the District Court to task for ruling that the Texas ban on Public corporations owning a P-Store license discriminated against out-of-state entities in violation of the Commerce Clause and that the law placed a burden on inter-state commerce.

In Wal-Mart Stores, Inc. v. Texas Alcoholic Beverage Commission, No 18-50299 (5th […]

Do wine and liquor sales put a target on a state’s back?

By |2020-04-13T20:42:30+00:00August 15th, 2019|Liquor Case Discussion, Liquor Industry Insights|

New Hampshire boast something that its New England neighbors don’t, a non-existent sales tax rate.

Recently New Hampshire decided to flex its tax-free muscles and brag about its advantages over its neighbors. Specifically, State run liquor stores in New Hampshire targeted customers in Maine, Massachusetts, and Vermont.

The New Hampshire state run stores posted an ad on […]

Irish Liquor Lawyer comes to England

By |2020-04-13T20:42:30+00:00August 8th, 2019|Irish Liquor Lawyer in The Press|

 

I am honored to be included in Decanter. Decanter is the oldest consumer wine publication in the United Kingdom and is in 91 countries. It is the equivalent to Wine Spectator in England.

Here is one of my quotes pertaining to the legal upheaval in the liquor world since the decision in the Tennessee Wine case

‘The liquor […]

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