Lebamoff v. Illinois

Home/Tag: Lebamoff v. Illinois

Reading the tea leaves on the Lebamoff decision: 7th Circuit says no to Illinois law

By |2020-04-13T21:10:21+00:00December 9th, 2018|Liquor Case Discussion|

 

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.

Judge Wood makes a power play into the Supreme Court Wine Shipping Case

By |2018-11-30T08:56:03+00:00November 30th, 2018|Breaking News, Liquor Case Discussion|

Disclaimer: The analysis does not reflect my personal opinion, but is a legal analysis of the case
With a Supreme Court case already in the hopper, why did the 7th Circuit decide Lebamoff?

With a Supreme Court case, Tennessee Wine & Spirits Retailers Association v. Byrd, set for hearing that will probably deal with […]

7th Circuit overturns the District Court in Lebamoff which deals with Illinois’ law prohibiting out-of-state shipping by a retailer

By |2020-04-13T20:45:04+00:00November 28th, 2018|Breaking News|

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 […]

The Lebamoff Michigan case: Are courts chipping away at the defense that laws are made to maintain the integrity of the three-tier system?

By |2020-04-13T20:45:24+00:00October 1st, 2018|Liquor Case Discussion|

 

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 […]

LEBAMOFF DECISION: Tanford strikes again and wins in Michigan

By |2018-09-30T10:34:09+00:00September 30th, 2018|Breaking News, Liquor Case Discussion|

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 […]

Lebamoff Takes On The State Of Illinois

By |2020-04-13T21:11:03+00:00July 1st, 2018|Liquor Case Discussion|

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, […]