Irish Liquor Lawyer would like to wish our mascot a Happy 2nd birthday.
As a veteran of 4, and going on 5 very soon, liquor conferences. He is the most educated 2-year-old on liquor legal issues in the country.
Pictured here taking a break after helping dad look into some […]
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 […]
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 […]
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 […]
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 […]
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 […]
Sometimes in life a little alcohol can cause us to do some funny things.
In Mississippi a little wine is causing upheaval in the legal system. The state has decided that it can control legal matters beyond his borders and reach into another state to pursue legally liability.
The State of Mississippi, led by agents […]
One of my quotes got picked in a New Zealand website, great to be covered down under. I need South America and Antarctica, to be covered on every continent of the world!
The Mississippi Supreme Court has entered an order retaining the Hood v. Wine Express case. This case could play a major role in limiting a state’s jurisdiction over liquor law enforcement.
https://courts.ms.gov/appellatecourts/docket/sendPDF.php?f=710_456687.pdf&c=88937&a=N&s=2
Although there are numerous items I take issue with in the Attorney General’s brief, I will focus on their jurisdictional analysis and where I respectfully disagree with them. I may choose in another post to examine some of their other arguments such as purposeful availment. But for sake of brevity I will focus […]
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