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Who will write the opinion in the Tennessee Wine Case and how will it influence the outcome?

By |2020-04-13T20:45:24+00:00June 15th, 2019|Liquor Case Discussion|

The Supreme Court has only two more weeks this term and us liquor folks are awaiting anxiously a final decision. The conventional wisdom is the longer it takes an opinion to come out, the more groundbreaking it will become.

In liquor circles we are not only interested in the opinion but also who will be its […]

Can state regulators enforce liquor laws that federal courts have found unconstitutional?

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

Dedicated In Memorium to Lieutenant Michael Murphy,
a Great American Hero

 

A US District Court held that Michigan’s law banning out-of-state retailers from shipping wine into the state was unconstitutional. It held that the nondiscrimination principle which applied to suppliers in Granholm extended to retailers. Michigan sits in the 6th Federal Judicial Circuit, […]

Missouri wine shipping case has no flair for the dramatic

By |2020-04-13T21:11:04+00:00April 1st, 2019|Liquor Case Discussion, Liquor Industry Insights|

 

In an unsurprising decision the Eastern District of Missouri ruled that a challenge to Missouri’s ban on out-of-state wine retailers shipping to customers within the state, failed to state a claim on which relief could be granted and dismissed the challenge. Sarasota Wine Market v. Parson, Case No. 4:17CV2792 HEA (Eastern District of Missouri, March […]

The Million-Dollar Question for Wine Shipping

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

There is a great buzz going around about the U.S. Supreme Court’s Tennessee Wine case and whether this case will decide if Granholm extends to retailer, and hence deems laws banning wine retailer shipping as unconstitutional.

Even if the Supreme Court remains silent on the specific issue, many lower federal courts and even state courts may […]

Total Wine and More goes down to defeat against Connecticut

By |2020-04-13T20:45:24+00:00February 25th, 2019|Liquor Case Discussion|

 

Introduction

 Total Wine and More (Total) filed a lawsuit against Connecticut bringing a facial challenge to Connecticut’s pricing provisions. Total alleged that the pricing provisions created per se violations of the Sherman Antitrust Act Section 1 and thus were preempted by statute.

Total claims that the Connecticut laws eliminate the need for wholesalers to compete […]

Tennessee Wine Case: Will the Supreme Court take the Checkerboard Challenge?

By |2020-04-13T21:10:22+00:00January 20th, 2019|Liquor Case Discussion|

 

The Supreme Court oral arguments have passed and the liquor community looks at the argument the same way a fan looks at a draw in a big soccer game. There is a big buildup to the game, we don’t know what the impact will be, we go to oral argument and go away not unhappy […]

Live from DC: Thoughts from Tennessee Wine Supreme Court oral argument

By |2020-04-13T21:11:03+00:00January 16th, 2019|Liquor Case Discussion|

Irish Liquor Lawyer is at the Supreme Court today to report live on the Tennessee Wine Supreme Court oral argument.

Here are my observations from oral argument. The Court was not entirely convinced that the 21st Amendment protects state laws from dormant commerce clause challenges especially when laws are protectionist. 2. Tennessee did not provide a […]