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 […]
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?
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 […]
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 & SpiritsJo Moak did a great job moderating, will provide a detail review later