New Lebamoff Illinois filings and the case proceeds to discovery. Here’s the most recent filings in the Illinois wine retailer shipping case.

The slow march to realizing the impacts of the Tennessee Wine ruling will unfold over the next few years as states refuse to reconsider their in-state vs. out-of-state alcohol regulations and legislation and choose to fight those businesses and individuals claiming that various alcohol regulations or laws discriminate against in-state vs. out-of-state interests in violation of the Commerce Clause.

For instance, in our neck of the woods, both Indiana and Iowa allow in-state brewers the privilege of self-distribution but do not allow out-of-state brewers the same privilege as states like Wisconsin, Illinois and Michigan do.

The advocates for change have been pursuing cases since well before Tennessee Wine and as you’ll recall, one such case (a dispute over out-of-state wine retailers shipping to Illinois residents in the same fashion as in-state retailers are authorized to do) Lebamoff Enterprises, Inc. v. O’Connell et al., you’ll recall went up to the 7th Circuit and a dismissal of the complaint was reversed and the case remanded for further proceedings.

Well, the parties have been ordered to proceed with discovery and have filed amended pleadings in advance of that discovery over this wine shipping case.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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1 Response

  1. December 5, 2019

    […] Illinois, as we’ve written about, the 7th Circuit has allowed a challenge to Illinois’s refusal to issue licenses for shipping to out-of…. That case is progressing through […]

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