On July 26, 2023 arguments took place in Anvar v. Dwyer, which challenged Rhode Island’s law, which only allows their in-state retailers to deliver wine to Rhode Island consumers, but denies this same privilege to out-of-state wine retailers. Along with this facially discriminatory law, there was a discriminatory in effect Commerce Clause challenge to the […]
Important factors
Before going into a summary of the legal decision, I wanted to provide some major points on why this decision, Block v. Canepa, is of paramount importance.
The first post Tennessee Wine decision on wine retailer shipping was Lebamoff v. Whitmer, where the Sixth Circuit found Michigan’s discriminatory wine retailer shipping […]
The Sixth Circuit reversed (Block v. Canepa) a decision from an Ohio Federal District Court upholding Ohio’s discriminatory wine retailer shipping law. The Sixth Circuit held that the case needs to be remanded back to the district court for further proceedings and that the District Court failed to consider the evidence provided by the […]
Not a surprise but there is corruption in the liquor field. We have seen it at government agencies in Oregon and Virginia and the Treasury Report on Competition recognized that despite active enforcement that there are exclusionary behaviors that include “discriminatory conduct by distributors.”[1]
The corruption in Virginia and Oregon pertained to how rare […]
WSWA’s solution that just doesn’t square
In its 2023 Membership Handbook, WSWA advocates against direct-to-consumer (DTC) shipping. It labels DTC shipping the biggest threat to the industry.
With WSWA worried that DTC shipping is such a big threat, it proudly lists its efforts crusading against DTC Shipping. One item on its list of Anti-DTC Advocacy […]
Great friend and colleague John Hinman, His Excellency Czech Ambassador to the US, Miloslav Stasek, and Irish Liquor Lawyer
It was a distinct honor to meet the Czech Ambassador to the U.S. Miloslav Stasek. His excellency greeted us with graciousness and kindness.
My friend and colleague, John Hinman […]
VinoShipper report finds that minors are not utilizing the internet to access alcohol
A recent study by VinoShipper found that minors are not utilizing the internet to access alcohol. VinoShipper analyzed attempted purchases on its website and discovered over a three-year period (2020-2022) that of the 633,985 attempted purchases, only 943 attempted purchases […]
The Doors – L.A. Woman* (Orginal) – YouTube
Aren’t the markets better equipped than the courts to handle this?
Recently, a New York based attorney filed a class action lawsuit against Sazerac Company for what it alleges is fraudulent and deceptive advertising centered around Sazerac’s Fireball Cinnamon Brand.
Sazerac makes a popular Fireball Cinnamon […]
The Police – So Lonely – YouTube
A California State Appellate Court case provides a great roadmap for how state courts could adjudicate tied-house issues in the future. In Dep’t of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board,(Real Party in Interest, Bogle Vineyards), a California appeals court held that mere speculation that […]
Irish Liquor Lawyer in Wine Searcher
Happy to speak to Blake Gray of Wine Searcher, unfortunately the Supreme Court did not grant cert in this case, but Blake wrote a great article.
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