Liquor Case Discussion

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Federal Judge rules in favor of California ABC on Commerce Clause Challenge

By |2020-04-13T20:42:30+00:00August 19th, 2019|Breaking News, Liquor Case Discussion|

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 […]

5th Circuit reverses and remands a District Court decision finding that the Texas Public Corporation ban was unconstitutional

By |2020-04-13T20:45:04+00:00August 18th, 2019|Liquor Case Discussion|

Takeaways

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 […]

Do wine and liquor sales put a target on a state’s back?

By |2020-04-13T20:42:30+00:00August 15th, 2019|Liquor Case Discussion, Liquor Industry Insights|

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 […]

A Little Wine Causes the State of Mississippi to do Some Funny Things

By |2020-04-13T20:45:04+00:00August 5th, 2019|Liquor Case Discussion|

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.

Facts

The State of Mississippi, led by agents […]

Mississippi Supreme Court agrees to retain Wine Express case

By |2020-04-13T21:11:03+00:00July 30th, 2019|Liquor Case Discussion|

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

In response to the Mississippi Attorney General’s Brief in Wine Express Case

By |2020-04-13T20:42:31+00:00July 30th, 2019|Liquor Case Discussion|

Caveat

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 […]

Mayhem in Mississippi: Irish Liquor Lawyer writes amicus brief in Wine Express v. Hood

By |2020-04-13T21:11:03+00:00July 14th, 2019|Breaking News, Liquor Case Discussion|

Irish Liquor Lawyer files amicus brief in the Mississippi wine shipping case. I am truly honored that Wine Freedom asked me to draft an amicus brief on their behalf in the Hood v. Wine Express Inc. case.

This is an important case that could shape the future of how alcohol is sold and enhance direct to […]

Irish Liquor Lawyer contributes to Forbes on the Tennessee Wine Supreme Court case

By |2019-07-05T23:05:43+00:00July 5th, 2019|Breaking News, Irish Liquor Lawyer in The Press, Irish Liquor Lawyer Interviews, Liquor Case Discussion, Liquor Industry Insights|

I am immensely proud to contribute to a great publication like Forbes!

Sean O’Leary, The Irish Liquor Lawyer, Reacts To The Court’s Support Of Wine Retailers

O'Leary is a supporter of the recent Supreme Court ruling. Credit: OVC Photography.

Tennessee Wine Case’s big winner: Data geeks

By |2020-04-13T21:10:22+00:00June 28th, 2019|Liquor Case Discussion, Liquor Industry Insights|

The Tennessee Wine case has come and gone and the shock has now worn off. Now it is time to take account of what the decision means. On its surface it is clearly a resounding win for Total Wine and More and a resounding loss for the Tennessee Wine Retailers Association (Association).

However, we all […]

Irish Liquor Lawyer predicted the Tennessee Wine case correctly

By |2019-06-26T11:54:09+00:00June 26th, 2019|Breaking News, Liquor Case Discussion|

In a previous post I predicted that Justice Samuel Alito would write the opinion in Tennessee Wine and that it would be written broadly.

Justice Alito wrote the opinion and settled the Granholm debate. I figured how the opinions were going that Alito would write it. Based on his questioning in oral argument I knew that he […]