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 […]
New Hampshire boast something that its New England neighbors don’t, a non-existent sales tax rate.
Recently New Hampshire decided to flex its tax-free muscles and brag about its advantages over its neighbors. Specifically, State run liquor stores in New Hampshire targeted customers in Maine, Massachusetts, and Vermont.
The New Hampshire state run stores posted an ad on […]
Sometimes in life a little alcohol can cause us to do some funny things.
In Mississippi a little wine is causing upheaval in the legal system. The state has decided that it can control legal matters beyond his borders and reach into another state to pursue legally liability.
The State of Mississippi, led by agents […]
The Mississippi Supreme Court has entered an order retaining the Hood v. Wine Express case. This case could play a major role in limiting a state’s jurisdiction over liquor law enforcement.
https://courts.ms.gov/appellatecourts/docket/sendPDF.php?f=710_456687.pdf&c=88937&a=N&s=2
Although there are numerous items I take issue with in the Attorney General’s brief, I will focus on their jurisdictional analysis and where I respectfully disagree with them. I may choose in another post to examine some of their other arguments such as purposeful availment. But for sake of brevity I will focus […]
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