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 […]
Three-Tier System and State Authority to Regulate Alcohol are Supported by Twenty-First Amendment and Prior Supreme Court Cases, WSWA Notes in Amicus Filing
Association Files Brief in Tennessee Wine & Spirits Retailers Association v. Clayton Byrd, Et Al.
(WASHINGTON, D.C.) – The U.S. Supreme Court has long-upheld that the Twenty-first Amendment provides […]
The conventional wisdom is that the Tennessee Wine and Spirits Retailers Association v. Byrd (Byrd) case would decide the most important constitutional issue facing the liquor world, whether Granholm extends to retailers.
The U.S. Supreme Court granted cert and should decide whether out-of-state retailers can ship into a state, or whether the states have complete power […]
Lebamoff, an Indiana retailer, sued the State of Michigan because it could not obtain a license to sell and ship its products from Indiana to Michigan customers. Michigan develop a license, a Specially Designed Merchant License (“SDM”), which allowed a license holder to deliver directly to Michigan consumers using a common-carrier, their own vehicles, or […]
In a decision by a Michigan Federal District Court in Lebamoff, the Court ruled against Michigan’s statute that banned out-of-state retailers from shipping wine to in-state consumers.
The big issue the court decided was whether discrimination against interstate commerce on the retail tier as opposed to the producer tier is forbidden by the Commerce Clause or […]