Introduction
The Lebamoff case out of the 7th Circuit was a strongly written opinion by Chief Judge Diane Wood to influence the Supreme Court’s direction in the upcoming Tennessee Wine case.
With a Supreme Court case, Tennessee Wine & Spirits Retailers Association v. Byrd, set for hearing that will probably deal with […]
The 7th Circuit reversed a Federal District Court decision which decided that an Illinois’ law prohibiting out-of-state retailer shipping was constitutional.
In reversing the District Court Judge Wood’s opinion held: “The district court accepted Illinois’s reasoning and dismissed the case with prejudice. We conclude that it was too quick to do so in the face of […]
Lebamoff, an Indiana retailer, sued the State of Michigan because it could not obtain a license to sell and ship its products from Indiana to Michigan customers. Michigan develop a license, a Specially Designed Merchant License (“SDM”), which allowed a license holder to deliver directly to Michigan consumers using a common-carrier, their own vehicles, or […]
In a decision by a Michigan Federal District Court in Lebamoff, the Court ruled against Michigan’s statute that banned out-of-state retailers from shipping wine to in-state consumers.
The big issue the court decided was whether discrimination against interstate commerce on the retail tier as opposed to the producer tier is forbidden by the Commerce Clause or […]
This summary does not reflect my personal viewpoint but merely predicts what I think will occur based on the oral argument before the 7th Circuit.
Prediction
The 7th Circuit Court of Appeals will not let stand the District Court’s ruling granting summary judgment in favor of Illinois. Ironically, if they remand the case, the original judge retired, […]