States’ measures to favor in-state residents in cannabis licensing are the new Commerce Clause battleground.
Back in May of this year the Commerce Clause provided a substantial victory for...
Category: Commerce Clause
SCOTUS denies Wal-Mart’s petition for cert. over Texas ban keeping public corporations from holding retail liquor licenses
Yesterday, the Supreme Court denied the petition for certiorari that Wal-Mart had filed in...
8th Circuit gives Missouri a hard-time in oral argument over important Commerce Clause wine (and beer and liquor) shipping case. Bonus: We’ve got the audio for you.
As one judge put it to the state during this oral argument – “The...
Farm wineries win as court declares Minnesota law mandating use of majority in-state wine ingredients in wines made by farm wineries facially unconstitutional in light of SCOTUS Dormant Commerce Clause jurisprudence. Bonus: we’ve got the briefs for you.
A pair of farm wineries challenged a portion of Minnesota’s farm winery law that...
The Twenty-First Amendment Enforcement Act isn’t the boon for state enforcement of antiquated and Commerce Clause violating direct shipping restrictions that regulators might think it is. These Ohio alcohol shipping cases are about to show that.
An Ohio Federal Court has marked two wine shipping cases as related. One suit...
SCOTUS orders Texas to respond to Walmart cert petition over in-state liquor licensing requirements against public companies selling distilled spirits. We may yet have some good alcohol-related cases this term.
Walmart has been leading a charge against a Texas alcohol law that prohibits many...
No rehearing for 6th Circuit out-of-state retailer alcoholic beverage shipping case. Other Federal Appellate Court Circuit cases continue.
There are similar suits winding their way through different District and Appellate Courts at...
Indiana alcohol regulatory body enjoined from enforcing in-state residency requirements for packaged liquor retailer licenses. Tennessee Wine applied means some regular state arguments for statutory justification must be rejected and cannot satisfy health and safety analysis. Bonus: we’ve got the docs for you.
Upholding the rulings of Granholm and Tennessee Wine, A Federal Court in Indiana has...
“Amazon of liquor” looms as 6th Circuit hears argument for important alcohol retail shipping Commerce Clause challenge. Out-of-state retailers demand the same shipping privileges as those in-state. Bonus: We’ve got the audio for you.
Today is Lebamoff Day at the 6th Circuit. The first of the cases currently...
New briefs filed in 6th Circuit out-of-state retailer direct wine shipping case with broad implications for alcohol delivery in the U.S. (Amazon of liquor… if Amazon wasn’t already registering in every state).
Imagine being able to order whatever libation you wanted and having it delivered directly...
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...
Amazon of liquor one step closer as Michigan files opening brief in 6th Circ. Commerce Clause appeal of injunction allowing out-of-state retailers to ship alcohol to residents like in-state retailers can.
Back in October we wrote about Michigan’s Lebamoff decision and the win it represents...
