1st Circuit Goes Concrete in vacating Rhode Island wine retailer case

By |2023-09-08T03:52:35+00:00September 8th, 2023|Liquor Case Discussion|


The 1st Circuit Court of Appeals in Anvar v. Dwyer (1st circuit decision) affirmed the district court in part, vacated it in part, and remanded for further proceedings.


The 1st Circuit vacated the district court’s decision in very strong terms. It rejected theoretical arguments about essential elements, health and safety, […]

Arizona and New Jersey judges needed to dig deeper

By |2023-08-28T21:58:45+00:00August 28th, 2023|Liquor Case Discussion|


Two recent decisions on wine retailer shipping cases out of Arizona ( Arizona Decision) and New Jersey (NJ Decision) federal courts show how judges are misunderstanding the issues and flat out getting it wrong.

In Arizona much of the decision was based on the judge’s conclusion that siding with the retailer would “require complete […]

1st Circuit Oral Arguments, Selya drills down to where no other judge has gone

By |2023-07-27T22:53:23+00:00July 27th, 2023|Liquor Case Discussion|


On July 26, 2023 arguments took place in Anvar v. Dwyer, which challenged Rhode Island’s law, which only allows their in-state retailers to deliver wine to Rhode Island consumers, but denies this same privilege to out-of-state wine retailers. Along with this facially discriminatory law, there was a discriminatory in effect Commerce Clause challenge to the […]

The Sixth Circuit changes the course of wine retailer shipping lawsuits

By |2023-07-15T19:02:56+00:00July 15th, 2023|Liquor Case Discussion|


Important factors

Before going into a summary of the legal decision, I wanted to provide some major points on why this decision, Block v. Canepa, is of paramount importance.

The first post Tennessee Wine decision on wine retailer shipping was Lebamoff v. Whitmer, where the Sixth Circuit found Michigan’s discriminatory wine retailer shipping […]

6th Circuit reverses and remands decision upholding Ohio’s discriminatory wine retailer shipping law

By |2023-07-15T00:55:02+00:00July 14th, 2023|Liquor Case Discussion|

The Sixth Circuit reversed (Block v. Canepa) a decision from an Ohio Federal District Court upholding Ohio’s discriminatory wine retailer shipping law. The Sixth Circuit held that the case needs to be remanded back to the district court for further proceedings and that the District Court failed to consider the evidence provided by the […]

Letting major manufacturers DTC ship can combat liquor corruption

By |2023-06-19T19:31:15+00:00June 19th, 2023|Liquor Case Discussion|


Not a surprise but there is corruption in the liquor field. We have seen it at government agencies in Oregon and Virginia and the Treasury Report on Competition recognized that despite active enforcement that there are exclusionary behaviors that include “discriminatory conduct by distributors.”[1]

The corruption in Virginia and Oregon pertained to how rare […]

WSWA’s solution that just doesn’t square

By |2023-06-11T02:02:31+00:00June 11th, 2023|Liquor Case Discussion|

WSWA’s solution that just doesn’t square

In its 2023 Membership Handbook, WSWA advocates against direct-to-consumer (DTC) shipping. It labels DTC shipping the biggest threat to the industry.

With WSWA worried that DTC shipping is such a big threat, it proudly lists its efforts crusading against DTC Shipping. One item on its list of Anti-DTC Advocacy […]

Irish Liquor Lawyer and Colleague John Hinman meet Czech Ambassador to U.S

By |2023-03-15T01:37:19+00:00March 15th, 2023|Liquor Case Discussion|

Great friend and colleague John Hinman, His Excellency Czech Ambassador to the US, Miloslav Stasek, and Irish Liquor Lawyer

It was a distinct honor to meet the Czech Ambassador to the U.S. Miloslav Stasek. His excellency greeted us with graciousness and kindness.

My friend and colleague, John Hinman […]

VinoShipper report finds that minors are not utilizing the internet to access alcohol

By |2023-02-23T22:36:29+00:00February 23rd, 2023|Liquor Case Discussion|

VinoShipper report finds that minors are not utilizing the internet to access alcohol


A recent study by VinoShipper found that minors are not utilizing the internet to access alcohol. VinoShipper analyzed attempted purchases on its website and discovered over a three-year period (2020-2022) that of the 633,985 attempted purchases, only 943 attempted purchases […]

Aren’t the markets better equipped than the courts to handle this?

By |2023-01-30T22:31:46+00:00January 30th, 2023|Liquor Case Discussion|

The Doors – L.A. Woman* (Orginal) – YouTube

Aren’t the markets better equipped than the courts to handle this?

Recently, a New York based attorney filed a class action lawsuit against Sazerac Company for what it alleges is fraudulent and deceptive advertising centered around Sazerac’s Fireball Cinnamon Brand.

Sazerac makes a popular Fireball Cinnamon […]

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