6th Circuit Lebamoff Michigan Wine Retailer Decision: Judge Sutton gets nostalgic for the old days
Judge Sutton must be one for nostalgia. In this decision he chooses to turn back the clock to a day where the late 20s rules and the dangers of alcohol flowing into the state must be stopped.
Judge Sutton resurrects the temporarily […]
Judge Sutton wrote the opinion which overturns the lower court’s decision finding that Michigan’s wine retailer shipping law was unconstitutional.
Very little of the opinion dealt with Tennessee Wine’s drawing the line of discrimination to retailers.
Second, much of the justification dealt with the fact that because Indiana had no minimum pricing rules and offered quantity discounts, which Michigan […]
6th Circuit rules in Michigan’s favor more to follow
The Untouchable Legal Team, (From left to right) Sean O’Leary, […]
The Untouchable Legal Team, (From left to right) Sean O’Leary, Joe Beutel, Bob Epstein, and Alex Tanford
As an amicus party and being at the table with Professor Tanford during oral arguments, I had a nice front […]
Chief Judge Diane Mueller ruled in favor of California in a challenge to its laws which requires that alcoholic beverages imported into the state be consigned and delivered to a licensed importer at the importer’s licensed premises or at a public warehouse. A Florida importer, who wanted to deliver products to California retailers directly without […]
In a narrow 5-4 ruling the Oklahoma Supreme Court found as unconstitutional a law requiring the top 25 brands of wine and spirits be sold to every Oklahoma distributor.
The overturned law essentially deemed null and void a 2016 constitutional amendment approved by voters which allowed manufacturers to choose a single wholesaler. (This amendment also allowed […]
Mississippi-Wine Express Oral Argument: Did the Mississippi Supreme Court get it right or are they going down the wrong road?
Procedural History & Introduction
The long-awaited oral argument in the Mississippi UCC/wine retailer shipping case occurred last week.
In this case, the Mississippi Attorney General (AG) performed a sting operation where AG’s agents ordered wine from […]
The 6th Circuit set oral argument for Lebamoff v. Snyder, this case pertains to Michigan’s ban on out-of-state retailer shipping. The ban was deemed unconstitutional at the lower court and the state appealed.
This will be the 1st wine shipping case at a federal circuit court since the Tennessee Wine decision.
The argument is set for Thursday March 12 at […]
The big issue in this case was whether like the district court, the 8th Circuit would render a decision on an alcohol statute/regulation without going through a 21st Amendment analysis?
The 8th Circuit differed from the district court in that it went […]
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