Irish Liquor Lawyer in Wine Searcher
It is a great honor to contribute to Wine Searcher’s article about the recent 8th Circuit decision which upheld Missouri’s discriminatory wine retailer shipping law. I am very disappointed with the result and the judge’s reasoning on the interplay between the Commerce Clause […]
Irish Liquor Lawyer in Wine Spectator
It is a great honor to contribute to Wine Spectator’s article about the recent Tennessee legislation which threatens to prohibit many out-of-state wines from the Tennessee marketplace.
Missouri’s discriminatory wine retailer shipping law upheld by the 8th Circuit
The Eight Circuit announced today that Missouri’s wine retailer shipping law, which allows in-state retailers to ship to Missouri residents, but denies this same privilege to out-of-state retailers is constitutional. Sarasota Wine Markets, LLC v. Schmitt, 19-1948 (8th Circuit) Sarasota […]
U.S. Supreme Court denies cert in the retailer wine shipping case
Today, the U.S. Supreme Court denied cert in Lebamoff v. Whitmer, a case which challenged a Sixth Circuit ruling which held that Michigan’s ban on out-of-state wine retailer shipping was deemed constitutional.
Although the Sixth Circuit’s decision clearly deviates from the legal […]
The U.S. Supreme Court distributes Lebamoff for conference for January 8, 2021. We should know next week whether the Supreme Court will agree to grant cert in Lebamoff, which challenges the 6th Circuit’s ruling that Michigan’s wine retailer shipping law was deemed constitutional.
Originally, the case was set for conference on December 11, 2020, but was rescheduled […]
Is the wine retailer shipping case red hot in Supreme Court circles!
Now that the Supreme Court passed Lebamoff v. Whitmer, which pertains to a challenge to Michigan’s discriminatory wine shipping law, down the road to another conference, what are the ramifications?
Is this an intentional act or is the Supreme Court’s […]
The Supreme Court may prefer Wine to Walmart
Many liquor experts try to read the tea leaves and determine how the U.S. Supreme Court denying cert in Wal-Mart Stores, Inc. v. TABC[1] will impact the Court’s action pertaining to the Lebamoff case.
Wal-Mart involves a Commerce Clause challenge to a […]
Supreme Court denies cert in the Walmart liquor retailer case
Today the U.S. Supreme Court issued an order denying cert in the Walmart Stores Inc, v. TABC, case dealing with a Texas law, which bans public corporations from owning a liquor license.
Walmart challenged this law on Commerce Clause grounds taking the […]
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 […]