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 consumer options.
There are some important concepts in this case including:
1. How do UCC terms of contract apply in sales transactions;
2. Does a state’s jurisdiction extend beyond its borders;
3. Is there are any difference between a brick and mortars retailer and an internet retailer;
4. At what point is business performing enough activity to avail itself to the market and legal requirements in another state.
I am personally excited about this case. The liquor world is changing rapidly and this decision could set into motion more change.
Hope you enjoy the brief and thanks for your support.
The thing I cannot find in laws is where Mississippi’s AG or liquor control board are authorized in any manner to regulate retail liquor stores in New York and prohibit them to sell alcoholic beverages in New York to people from Mississippi?
Pete you are 100% right, Mississippi does not have jurisdiction over a New York sale. It is entering the New York market and trying to regulate sales there. Clearly, not their right to do so.