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.
- Here is the Amended Complaint filed by the parties looking to grant wine retailers the right to ship into Illinois from outside the state.
- Here is the Answer filed by the State of Illinois.
- Here is the Answer filed by the intervenors, the Wine and Spirits Distributors of Illinois.