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District Court dismisses challenge to California’s importer law but the battle has just begun

By |2020-04-13T20:42:02+00:00February 24th, 2020|Breaking News, Liquor Case Discussion|

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 […]

Oklahoma Supreme Court finds Oklahoma’s distribution system illegal: Are the ramifications big or are they isolated?

By |2020-04-13T21:10:48+00:00January 22nd, 2020|Breaking News, Liquor Case Discussion, Liquor Industry Insights|

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?

By |2020-04-13T21:11:04+00:00January 21st, 2020|Liquor Case Discussion|

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 […]

Oral Argument set in 6th Circuit Wine Shipping Case: 1st major wine shipping case after Tennessee Wine

By |2020-04-13T21:10:48+00:00January 16th, 2020|Breaking News, Liquor Case Discussion|

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 […]

8th Circuit Missouri Broadcasters Decision: The state loses the battle but avoids losing the war

By |2020-04-13T20:45:04+00:00January 9th, 2020|Liquor Case Discussion|

Takeaways
The state loses the battle but avoids losing the war

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 […]

Missouri’s Brief released in the 8th Circuit Sarasota Wine Case

By |2020-04-13T21:11:04+00:00November 13th, 2019|Breaking News, Liquor Case Discussion|

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 […]

NCSLA Central/Western Regional Conference 2019, Portland, Part II

By |2020-04-13T21:10:48+00:00October 13th, 2019|Conference Reviews, Liquor Case Discussion, Liquor Industry Insights|

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 Rise of the Retail Tier and the Impact of Tennessee Wine & Spirits Retailers Association […]

8th Circuit hears oral arguments in the most important liquor case of the year

By |2020-04-13T20:45:04+00:00September 28th, 2019|Liquor Case Discussion|

 

Why Should we care?

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 […]

What Federal Circuit will influence the future of liquor law?

By |2020-04-13T20:45:24+00:00September 16th, 2019|Liquor Case Discussion, Liquor Industry Insights|

 

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 […]

NCSLA Panel on the impact of Tennessee Wine case on the liquor industry

By |2020-04-13T21:10:48+00:00September 10th, 2019|Breaking News, Liquor Case Discussion|

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