Category: Commerce Clause

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...

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.

Beer / Brewery / Cider / Commerce Clause / Craft Beer / Distilled Spirits / Opinions / Retailers / Statutes / Suits / Wine
May 14, 2020

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.

Beer / Cider / Commerce Clause / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Licensing and Permits / Suits / Wine
March 12, 2020

Today is Lebamoff Day at the 6th Circuit. The first of the cases currently...

illinois chicago liquor license lawyer attorney Illinois liquor lawyer

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).

Beer / Brewery / Brewing / Cider / Commerce Clause / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Distillery / Distilling / Distribution / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wholesalers / Wine
December 5, 2019

Imagine being able to order whatever libation you wanted and having it delivered directly...

Category: Commerce Clause

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.

“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.

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).

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