The 1st Circuit reversed and remanded a district court decision that upheld Rhode Island’s discriminatory wine retailer shipping law. The court held that to justify the in-state physical presence requirement for retailers, the court needed concrete evidence to justify its position, something the lower court lacked in its opinion.
More to follow later.
With the wine retailer shipping cases coming to different results and the 6th Circuit seemingly splitting itself into two sides on this same issue, the issue of whether the 21st Amendment or the Commerce Clause reigns supreme has become hotly contested.
If politics and marriage makes strange bedfellows, then people that think alike on liquor issues […]
Irish Liquor Lawyer, was named to the VinePair 50 today. The VinePair 50 represents people from all walks of life in the industry from mixologists, brand owners, to yes even lawyers. It is gratifying to be recognized by such a great publication in the liquor industry and to be the only lawyer named to […]
Breaking news: TTB and IRS paid a visit to Southern Wine and Spirits
4 Non Blondes – What’s Up (Official Music Video) – YouTube
Southern Wine and Spirits was paid a visit by the TTB and the IRS at their location in Union City, California. This according to an article by Esther Mobley of the […]
This just in, California SB 620 passes the Senate 23-2
The Illinois Liquor Control Commission (ILCC) proposed a rule on coupons and rebates as part of its “of value” regulation.
ILCC will be taking industry feedback for a couple of weeks before sending the regulation forward.
I think the industry can provide valuable insight and I already see some issues that should be addressed by a new […]
The Supreme Court just announced that the cert petition challenging the 8th Circuit’s decision in Sarasota Wine Market, LLC v. Schmitt, which upheld Missouri’s discriminatory wine retailer shipping law, is being distributed for conference on October 8, 2021.
Originally, the cert petition was scheduled for conference on September 27, 2021. No word on why the Court […]
The State of Missouri filed a reply brief in the Sarasota Wine v. Schmitt case which is on appeal to the U.S. Supreme Court.
Missouri originally waived their right to respond to a cert petition challenging their discriminatory wine shipping law.
However, the U.S. Supreme Court demanded a response. A conference date is set for September 27th on […]
Governor JB Pritzker on Friday signed HB230 which makes radical changes to Illinois law.
The law would allow IL brew pubs to self distribute and would provide guidelines on discounting programs wholesalers could offer.
Please reach to me at sean.o@irishliquorlawyer.com with any questions.
The U.S. Supreme Court today demanded that the state respond to a cert petition filed, which challenges the 8th Circuit’s decision upholding Missouri’s discriminatory wine retailer shipping law.
The Supreme Court has set the case for conference for September 10, 2021. Although the odds are always against the Court granting cert, the Court’s demand means that […]