Illinois Appellate Court rules against restaurant and gives the Governor unlimited executive power
An Illinois Appellate Court overturned a trial court decision which granted a temporary restraining order (TRO) precluding Governor J.B. Pritzker from implementing an executive order, which imposed a ban on indoor seating for bars and restaurants in four […]
8th Circuit Sarasota Wine Oral Argument: Judge Loken takes a scalpel to the state
The 8th Circuit heard oral argument on a challenge to Missouri’s retailer wine shipping law, which allows Missouri retailers to ship wine to Missouri consumers but denies this privilege to out-of-state retailers.
Before getting into the oral argument’s highlights, it […]
I want to congratulate some of my colleagues that I worked with closely for being named as Leaders in the Wine Industry by Wine Business. Notably I want to recognize those individuals I have had the pleasure of working with, which are Gillian Garrett, John Hinman, Rebecca Stamey-White, and Tom Wark.
Only 45 individuals were […]
Ohio’s 21st Amendment Enforcement Action, is there more than meets the eye?
A great Wine Spectator piece covered Ohio’s lawsuit against out-of-state retailers shipping wine to Ohio consumers. Ohio filed a lawsuit under the 21st Amendment Enforcement Act, seeking an injunction to stop these out of-state retailers from shipping to Ohio consumers.
Ohio’s wine […]
Today the United States Supreme Court requested a response from the State of Michigan and the Michigan Beer and Wine Wholesalers to a cert petition filed in the Lebamoff v. Whitmer case.
In Lebamoff the 6th Circuit held that a discriminatory Michigan wine retailer shipping law, which allowed in-state retailers to sell to Michigan consumers, while […]
Cocktails-to-go has a target on its back
Cocktails-to-go is a saving grace for many bars and restaurants and has allowed them to operate without closing their doors. Also, workers previously furloughed because of the COVID-19 crisis, were brought back to work because of the extra income cocktails-to-go generated for bars and restaurants.
Although […]
Review of Irish Liquor Lawyer’s U.S. Supreme Court amicus brief
As promised, I am providing a summary review of my amicus brief and why the U.S. Supreme Court should grant cert in Lebamoff v. Whitmer.
Judge Sutton in Lebamoff v. Whitmer, a case which challenged Michigan’s discriminatory wine shipping law, got it wrong. […]
Today a lawsuit was filed against Ohio, Ohio Wine Shipping Lawsuit, based on its wine retailer shipping law, which allows in-state retailers to ship to Ohio consumers, but denies this privilege to out-of-state retailers.
This suit is based on Ohio’s law violating the Commerce Clause’s Non-Discrimination principle.
It was only recently the State of Ohio announced […]
Today, a Cert petition was filed with the U.S. Supreme Court requesting they hear an appeal on the 6th Circuit’s decision in Lebamoff v. Snyder. The 6th Circuit upheld Michigan’s out-of-state wine retailer shipping ban by reversing a District Court’s decision, which held that Michigan’s law violated the Commerce Clause’s nondiscrimination principle.
21st Amendment Enforcement Act is alive and well
In what may be a first in recent memory, the Ohio AG Dave Yost is utilizing the Twenty-first Amendment Enforcement Act to file a preliminary injunction in federal court to stop certain retailers from shipping wine and spirits into the state.
The specific retailers named in […]