Total Wine and More (Total) filed a lawsuit against Connecticut bringing a facial challenge to Connecticut’s pricing provisions. Total alleged that the pricing provisions created per se violations of the Sherman Antitrust Act Section 1 and thus were preempted by statute.
Total claims that the Connecticut laws eliminate the need for wholesalers to compete […]
The Supreme Court oral arguments have passed and the liquor community looks at the argument the same way a fan looks at a draw in a big soccer game. There is a big buildup to the game, we don’t know what the impact will be, we go to oral argument and go away not unhappy […]
Irish Liquor Lawyer is at the Supreme Court today to report live on the Tennessee Wine Supreme Court oral argument.
Here are my observations from oral argument. The Court was not entirely convinced that the 21st Amendment protects state laws from dormant commerce clause challenges especially when laws are protectionist. 2. Tennessee did not provide a […]
Handicapping what the Supreme Court will focus on in oral argument is very difficult. Especially since the oral argument only last for one hour. I listed 9 issues that may be the focus of the oral argument.
Some of the listed issues the Court will definitely focus on and others are more obscure and may or […]
As the liquor industry anticipates a groundbreaking decision in the Tennessee Wine and Spirits Retailers Association v. Blair (Tennessee Wine) case, the Supreme Court has the option to render a decision and yet at the same time defer making any groundbreaking legal precedent. To all us legal geeks out there, it is a disappointing option […]
Introduction
The Lebamoff case out of the 7th Circuit was a strongly written opinion by Chief Judge Diane Wood to influence the Supreme Court’s direction in the upcoming Tennessee Wine case.
With a Supreme Court case, Tennessee Wine & Spirits Retailers Association v. Byrd, set for hearing that will probably deal with […]
Irish Liquor Lawyer just got word that Bryd oral argument set for the Supreme Court January 16th at 11:00 am.
A couple of weeks ago, I spoke to Professor Alex Tanford, who clearly is on the opposite side of WSWA. Professor Tanford successfully argued the Granholm case at the U.S. Supreme Court, which overturned New York and Michigan’s laws that restricted out-of-state wineries from shipping into their states.
After posting the WSWA press release […]