Category: Commerce Clause

6th Circuit hears oral argument in Ohio wine shipping case. Questions regarding implementing an out-of-state license and the evidentiary basis for factual assertions regarding public health and safety justifications for shipping prohibitions predominate.

Commerce Clause / Delivery and Shipping / Direct Shipping / Suits / Vineyard / Wine
May 24, 2023

The appeal results from a challenge in Ohio. An out-of-state wine retailer and an...

Petition for SCOTUS review filed in North Carolina alcohol shipping case (the one with the great dissent from Judge Wilkinson).

Commerce Clause / Suits / Wine
October 12, 2022

You’ll recall our coverage of the cogent dissent that Judge Wilkinson penned in B-21...

In wine retailer shipping case, 4th Circuit panel splits over proper test for Twenty-first Amendment dormant Commerce Clause challenges and interpretation of holdings in Granholm and Tennessee Wine. Bonus: we have the briefs and appendix for you.

Commerce Clause / Retailers / Statutes / Wholesalers / Wine
June 7, 2022

Judge Friendly often proved the power of an articulate and well-reasoned dissent. His dissents...

In denying out-of-state retailers the right to ship to Missouri residents, 8th Circuit questions whether Courts should allow dormant Commerce Clause challengers to put on evidence.

Beer Franchise Laws / Commerce Clause / Regulations / Retailers / Statutes
April 5, 2021

One of the recent in the battle over out-of-state retailer shipping: Sarasota Wine Market...

SCOTUS denies Cert. in Lebamoff 6th-Circuit wine retailer shipping case.

Commerce Clause / Retailers / Wine
January 11, 2021

This morning, the United States Supreme Court denied the petition for certiorari filed by...

States’ measures to favor in-state residents in cannabis licensing are the new Commerce Clause battleground.

Cannabis / Commerce Clause / Illinois Cannabis / Statutes / Suits
December 2, 2020

Back in May of this year the Commerce Clause provided a substantial victory for...

SCOTUS denies Wal-Mart’s petition for cert. over Texas ban keeping public corporations from holding retail liquor licenses

Commerce Clause / Distilled Spirits / Retailers
November 24, 2020

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.

Beer / Commerce Clause / Distilled Spirits / Retailers / Statutes / Suits / Wine
September 24, 2020

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.

Commerce Clause / Licensing and Permits / Opinions / Statutes / Suits / Vineyard / Wine / Winemaking
September 2, 2020

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.

Beer / Cider / Commerce Clause / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Regulations / Statutes / Suits / Wine
July 27, 2020

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.

Commerce Clause / Distilled Spirits / Retailers / Statutes / Suits
July 24, 2020

Walmart has been leading a charge against a Texas alcohol law that prohibits many...

Commerce Clause Challenge to wine importing laws liquor Laws residency requirement for liquor license Chicago Liquor license attorney

No rehearing for 6th Circuit out-of-state retailer alcoholic beverage shipping case. Other Federal Appellate Court Circuit cases continue.

Beer / Brewery / Commerce Clause / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Distillery / Distribution / Opinions / Suits / Vineyard / Wine
May 28, 2020

There are similar suits winding their way through different District and Appellate Courts at...

Category: Commerce Clause

6th Circuit hears oral argument in Ohio wine shipping case. Questions regarding implementing an out-of-state license and the evidentiary basis for factual assertions regarding public health and safety justifications for shipping prohibitions predominate.

Petition for SCOTUS review filed in North Carolina alcohol shipping case (the one with the great dissent from Judge Wilkinson).

In wine retailer shipping case, 4th Circuit panel splits over proper test for Twenty-first Amendment dormant Commerce Clause challenges and interpretation of holdings in Granholm and Tennessee Wine. Bonus: we have the briefs and appendix for you.

In denying out-of-state retailers the right to ship to Missouri residents, 8th Circuit questions whether Courts should allow dormant Commerce Clause challengers to put on evidence.

SCOTUS denies Cert. in Lebamoff 6th-Circuit wine retailer shipping case.

States’ measures to favor in-state residents in cannabis licensing are the new Commerce Clause battleground.

SCOTUS denies Wal-Mart’s petition for cert. over Texas ban keeping public corporations from holding retail liquor licenses

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.

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.

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.

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.

No rehearing for 6th Circuit out-of-state retailer alcoholic beverage shipping case. Other Federal Appellate Court Circuit cases continue.

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