Category: Commerce Clause

Floodgates against state alcohol regulations are opening under Tennessee Retailers and dormant commerce clause

In first alcohol case citing Tennessee Retailers, 8th Circuit allows farm wineries challenge to Minnesota requirement for majority in-state wine ingredients. The floodgates for suits against state alcohol laws are opening.

Beer / Cider / Commerce Clause / Craft Beer / Craft Growers / Regulations / Statutes / Suits / Vineyard / Wine / Winemaking
July 30, 2019

Mark Sorini over at the excellent alcohol policy and legal blog Alcohol Law Advisor...

Complaint arguing federal preemption of state restrictions on bonded transfers (in-bond) transfers of alcohol between like producers.

New case challenging state efforts to restrict federally authorized bonded transfers arguing preemption could have vast implications for states prohibiting alcohol transfers in bond between producers like breweries, wineries, and distilleries.

Beer / Brewery / Brewing / Brewpub / Cider / Commerce Clause / Craft Beer / Delivery and Shipping / Distilled Spirits / Distillery / Distilling / Licensing and Permits / Regulations / Sales / Statutes / Suits / TTB / Vineyard / Wine / Winemaking
July 25, 2019

If you’re not following the excellent coverage of alcohol related issues over at Alcohol...

BREAKING: SCOTUS decides Tennessee v. Blair – invalidates residency requirements OPINION EMBEDDED BELOW – WIN FOR ACCESS AND CHOICE AND … FREEDOM!

Beer / Brewery / Brewing / Brewpub / Cider / Commerce Clause / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Distillery / Distribution / Labeling / Licensing and Permits / Opinions / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wholesalers / Wine
June 26, 2019

Obviously, more on the implications and opinoin later, but for now, enjoy! (here is...

Local liquor license - texas ban - wal-mart - 5th Circuit oral argument

Here’s full audio of the 5th Circuit’s Wal-Mart v. Texas oral argument over Texas’s ban on publicly traded companies holding certain liquor licenses.

Commerce Clause / Distilled Spirits / Retailers / Sales / Statutes / Suits
May 8, 2019

We’ve previously discussed and uploaded the briefs for you in this case Wal-Mart is...

Farm wineries’ 8th Circuit Commerce Clause case challenges a state licensing law requiring their wines contain a majority of in-state grapes. BONUS: We’ve got the briefs and oral argument for you.

Commerce Clause / Licensing and Permits / Statutes / Vineyard / Wine / Winemaking
April 17, 2019

Two Minnesota farm wineries brought a challenge to a Minnesota Farm Winery Act restriction...

Wine Shipping Chicago liquor attorney Chicago liquor law Chicago LIquor lawyer

Ignoring the circling Byrd, Court denies Missouri citizens the right to receive direct wine shipments from out-of-state retailers citing Southern Wine and Spirits precedent

Beer / Brewery / Cider / Commerce Clause / Craft Beer / Direct Shipping / Distilled Spirits / Distillery / Licensing and Permits / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wine
April 2, 2019

Back in November we wrote about the recent 7th circuit decision in Lebamoff v....

Wine importing dormant commerce clause case about alcohol laws and the problems with the three tiered system chicago liquor license lawyer

Challenges to discriminatory and protectionist liquor distribution and sales laws continue in spite of pending SCOTUS case as wine importing challenge in CA gets hearing on motion to dismiss

Beer / Commerce Clause / Craft Beer / Direct Shipping / Distilled Spirits / Distribution / Import / Export / Regulations / Suits / Vineyard / Wholesalers / Wine / Winemaking
February 14, 2019

In a case that I was sure would be put off until after the...

Texas challenge to out of state public corporation liquor license ban

Final briefs filed in 5th Circuit Texas ABC Challenge to Wal-Mart’s Commerce Clause win against prohibition of publicly traded corporations obtaining certain liquor licenses. (Bonus, we’ve got all the briefs for you.)

Beer / Brewery / Brewing / Cider / Commerce Clause / Craft Beer / Distilled Spirits / Licensing and Permits / Opinions / Retailers / Statutes / Suits / Wine
February 7, 2019

Back in November we wrote about the Texas Alcoholic Beverage Comission’s appeal challenging an...

Good alcohol writing picture about craft beer law and craft spirits law

Here are the Respondents’ briefs filed in Byrd (Tennessee Wine & Spirits Retailers Assoc. v. Blair)

Beer / Brewery / Commerce Clause / Craft Beer / Direct Shipping / Distilled Spirits / Distillery / Retailers / Sales / Statutes / Suits / Wholesalers / Wine
December 17, 2018

The two respondents appointed to represent the interests of the plaintiff back at the...

Florida latest battleground for direct to consumer shipment dormant commerce clause challenge

Beer / Commerce Clause / Craft Beer / Direct Shipping / Distilled Spirits / Retailers / Vineyard / Wine
December 10, 2018

This great piece by the folks over at wine-searcher.com details the recent inception of...

Chicago Liquor License lawyer Chicago Liquor license Illinois Craft Beer Lawyer Illinois Craft Beer Illinois Distilled Spirits law Illinois Wine Law Illinois Cannabis Law Illinois Cannabis Lawyer Illinois Canmabis Attorney

A blow to three-tiers. 7th Circuit sides with expansion of Granholm – allowing lawsuit challenging Illinois’s ban on direct shipping of liquor, beer, and spirits from out-of-state retailers.

Beer / Brewery / Brewing / Chicago / Commerce Clause / Craft Beer / Direct Shipping / Distilled Spirits / Distillery / Distilling / Opinions / Retailers / Sales / Statutes / Suits / Vineyard / Wholesalers / Wine / Winemaking
November 29, 2018

“The Amendment gives states the power to structure their liquor distribution systems; it does...

Initial brief filed with SCOTUS in Byrd v. Tennessee

Beer / Commerce Clause / Craft Beer / Direct Shipping / Distilled Spirits / Statutes / Suits / Wine
November 16, 2018

The Tennessee Wine and Spirits Retailers Association – the association of in-state retailers that...

Category: Commerce Clause

In first alcohol case citing Tennessee Retailers, 8th Circuit allows farm wineries challenge to Minnesota requirement for majority in-state wine ingredients. The floodgates for suits against state alcohol laws are opening.

New case challenging state efforts to restrict federally authorized bonded transfers arguing preemption could have vast implications for states prohibiting alcohol transfers in bond between producers like breweries, wineries, and distilleries.

BREAKING: SCOTUS decides Tennessee v. Blair – invalidates residency requirements OPINION EMBEDDED BELOW – WIN FOR ACCESS AND CHOICE AND … FREEDOM!

Here’s full audio of the 5th Circuit’s Wal-Mart v. Texas oral argument over Texas’s ban on publicly traded companies holding certain liquor licenses.

Farm wineries’ 8th Circuit Commerce Clause case challenges a state licensing law requiring their wines contain a majority of in-state grapes. BONUS: We’ve got the briefs and oral argument for you.

Ignoring the circling Byrd, Court denies Missouri citizens the right to receive direct wine shipments from out-of-state retailers citing Southern Wine and Spirits precedent

Challenges to discriminatory and protectionist liquor distribution and sales laws continue in spite of pending SCOTUS case as wine importing challenge in CA gets hearing on motion to dismiss

Final briefs filed in 5th Circuit Texas ABC Challenge to Wal-Mart’s Commerce Clause win against prohibition of publicly traded corporations obtaining certain liquor licenses. (Bonus, we’ve got all the briefs for you.)

Here are the Respondents’ briefs filed in Byrd (Tennessee Wine & Spirits Retailers Assoc. v. Blair)

Florida latest battleground for direct to consumer shipment dormant commerce clause challenge

A blow to three-tiers. 7th Circuit sides with expansion of Granholm – allowing lawsuit challenging Illinois’s ban on direct shipping of liquor, beer, and spirits from out-of-state retailers.

Initial brief filed with SCOTUS in Byrd v. Tennessee

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