The conventional wisdom is that the Tennessee Wine and Spirits Retailers Association v. Byrd (Byrd) case would decide the most important constitutional issue facing the liquor world, whether Granholm extends to retailers.
The U.S. Supreme Court granted cert and should decide whether out-of-state retailers can ship into a state, or whether the states have complete power […]
Irish Liquor Lawyer goes national again! I am honored to contribute to another Forbes article. The Byrd case, the U.S. Supreme Court case that could allow out-of-state retailers the right to ship into a state, could be the most groundbreaking liquor case in history.
Let me know if I could assist you in navigating through the […]
This is the second half of my review on the NCSLA 2018 Northern/Southern Regional Conference in Atlantic City.
Previously, I reviewed the constitutional law issues.
Greetings from Atlantic City: Constitutional Law Liquor Panel
Today I’m going to cover the other two crucial sessions: 1. TTB trade practice investigations; and 2. Emerging technology and how […]
Lebamoff, an Indiana retailer, sued the State of Michigan because it could not obtain a license to sell and ship its products from Indiana to Michigan customers. Michigan develop a license, a Specially Designed Merchant License (“SDM”), which allowed a license holder to deliver directly to Michigan consumers using a common-carrier, their own vehicles, or […]
In a decision by a Michigan Federal District Court in Lebamoff, the Court ruled against Michigan’s statute that banned out-of-state retailers from shipping wine to in-state consumers.
The big issue the court decided was whether discrimination against interstate commerce on the retail tier as opposed to the producer tier is forbidden by the Commerce Clause or […]
Here is an explanation on my adventures with the United States Supreme Court yesterday. I posted yesterday around 1:30pm that the court granted cert in the Byrd v. Tennessee Wine & Spirits Retailers case. Around 2:30pm I had to repost on my blog that the link to the page that granted cert disappeared, mysteriously. Here […]
Earlier today the Supreme Court posted on their website that they granted to Cert to hear the Byrd v. Tennessee Wine & Spirits Retailers case. This case has huge implications on the liquor as the Supreme Court could be deciding whether Granholm extends to retailers or whether it is limited to manufacturers.
Even though two other sources, […]
Greetings from Atlantic City. Today I had the privilege of speaking on a Constitutional Law Panel with some widely admired colleagues. In my opinion, one of the greatest legal minds on liquor issues Richard Blau moderated the panel. Also, I had the privilege of speaking with two very esteemed colleagues, Wes Geiselman and Chris Riano.
We […]
Many states including my home state of Illinois, do not allow out-of-state retailers to ship to in-state customers. Problematically for these states enforcing these laws are tough and sometimes close to impossible. States try different methods to stop out-of-state retailers from shipping to in-state customers, but the states really lack a strong deterrence for stopping […]