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 […]
Today the state of Missouri wrote its brief in the 8th Circuit, Sarasota Wine case which deals with wine shipping.
Missouri prevailed at the District Court based on the Southern Wine and Spirits case, in which the 8th Circuit found a residency requirement for wholesalers constitutional.
However, since then Tennessee Wine, which extends Granholm’s nondiscrimination principle to retailers, has been decided and could dramatically […]
We heard “daddy” from the back of the room, little did we know that Brendan O’Leary actually had his hand up for a question and wanted to be heard.
The Missouri Broadcaster’s Association v. Taylor case holds great importance in the liquor world for two reasons:
1. The Court will require the state to produce evidence to prove that its laws are necessary to protect the public health, safety, and welfare. In a previous day, a sound legal theory was […]
With so many Federal Circuit Courts (Circuit or Circuits) hearing cases on liquor issues, one may wonder which Circuit will become the predominant oracle on liquor issues. Looking for a concise answer to this question becomes murkier when you consider that numerous Circuits will make decisions that are similar if not identical to decisions in […]
Great speaking at the NCSLA on the panel, “The Rise of the Retail Tier and the Impact of Tennessee Wine & Spirits
Retailers Association vs. Thomas.”
Jo Moak did a great job moderating, will provide a detail review later
Orion is a Florida licensed importer and wholesaler that would like to import product and sell it directly to California retailers. It seeks a license to become a California importer. A California importer can also obtain a wholesaler license and transfer the product from its importer license to its wholesaler license and then […]
A California Federal District Court dismissed a Commerce Clause challenge against a California law which required an importer to have a physical location in California in order to sell to California retailers.
Additionally, the Court rejected the Plaintiff’s Privilege and Immunities challenge to the California law.
Nevertheless, the Court granted the plaintiff’s leave to amend their complaint […]
The 5th Circuit took the District Court to task for ruling that the Texas ban on Public corporations owning a P-Store license discriminated against out-of-state entities in violation of the Commerce Clause and that the law placed a burden on inter-state commerce.
In Wal-Mart Stores, Inc. v. Texas Alcoholic Beverage Commission, No 18-50299 (5th […]
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