Illinois restaurants legal challenges to Governor’s power face greater legal hurdles
An Illinois Appellate Court published a decision, which ruled against a restaurant’s challenge to the Governor’s shut down orders for indoor dining. By publishing this decision, the decision has precedential value and applies beyond the original case.
In Fox Fire Tavern v. […]
State and Wholesalers file briefs in U.S. Supreme Court case: Will it move the Court to hear the case?
The U.S. Supreme Court received the response briefs from the wholesalers and the State of Michigan in the Lebamoff v. Whitmer case. This case pertains to the Michigan wine retailer shipping law which […]
Illinois Appellate Court rules against restaurant and gives the Governor unlimited executive power
An Illinois Appellate Court overturned a trial court decision which granted a temporary restraining order (TRO) precluding Governor J.B. Pritzker from implementing an executive order, which imposed a ban on indoor seating for bars and restaurants in four […]
8th Circuit Sarasota Wine Oral Argument: Judge Loken takes a scalpel to the state
The 8th Circuit heard oral argument on a challenge to Missouri’s retailer wine shipping law, which allows Missouri retailers to ship wine to Missouri consumers but denies this privilege to out-of-state retailers.
Before getting into the oral argument’s highlights, it […]
I want to congratulate some of my colleagues that I worked with closely for being named as Leaders in the Wine Industry by Wine Business. Notably I want to recognize those individuals I have had the pleasure of working with, which are Gillian Garrett, John Hinman, Rebecca Stamey-White, and Tom Wark.
Only 45 individuals were […]
Ohio’s 21st Amendment Enforcement Action, is there more than meets the eye?
A great Wine Spectator piece covered Ohio’s lawsuit against out-of-state retailers shipping wine to Ohio consumers. Ohio filed a lawsuit under the 21st Amendment Enforcement Act, seeking an injunction to stop these out of-state retailers from shipping to Ohio consumers.
Ohio’s wine […]
Today the United States Supreme Court requested a response from the State of Michigan and the Michigan Beer and Wine Wholesalers to a cert petition filed in the Lebamoff v. Whitmer case.
In Lebamoff the 6th Circuit held that a discriminatory Michigan wine retailer shipping law, which allowed in-state retailers to sell to Michigan consumers, while […]
Cocktails-to-go has a target on its back
Cocktails-to-go is a saving grace for many bars and restaurants and has allowed them to operate without closing their doors. Also, workers previously furloughed because of the COVID-19 crisis, were brought back to work because of the extra income cocktails-to-go generated for bars and restaurants.
Although […]
Review of Irish Liquor Lawyer’s U.S. Supreme Court amicus brief
As promised, I am providing a summary review of my amicus brief and why the U.S. Supreme Court should grant cert in Lebamoff v. Whitmer.
Judge Sutton in Lebamoff v. Whitmer, a case which challenged Michigan’s discriminatory wine shipping law, got it wrong. […]
Today a lawsuit was filed against Ohio, Ohio Wine Shipping Lawsuit, based on its wine retailer shipping law, which allows in-state retailers to ship to Ohio consumers, but denies this privilege to out-of-state retailers.
This suit is based on Ohio’s law violating the Commerce Clause’s Non-Discrimination principle.
It was only recently the State of Ohio announced […]