Category: Commerce Clause

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...

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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...

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New Lebamoff Illinois filings and the case proceeds to discovery. Here’s the most recent filings in the Illinois wine retailer shipping case.

Commerce Clause / Delivery and Shipping / Direct Shipping / Illinois Liquor Control Commission / Licensing and Permits / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wholesalers / Wine / Winemaking
November 4, 2019

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.

Beer / Brewery / Brewing / Brewpub / Cider / Commerce Clause / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Distillery / Distilling / Distribution / Licensing and Permits / Opinions / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wholesalers / Wine / Winemaking
October 7, 2019

Back in October we wrote about Michigan’s Lebamoff decision and the win it represents...

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Federal Appeals Court reverses Walmart’s Commerce Clause win against Texas’s ban on public corporations holding liquor store licenses. Walmart requests en banc hearing.

Commerce Clause / Distilled Spirits / Licensing and Permits / Opinions / Regulations / Retailers / Sales / Statutes / Suits
September 19, 2019

A three judge panel of the 5th Circuit ended Walmart’s recent Commerce Clause triumph....

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...

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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...

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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....

Category: Commerce Clause

“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).

New Lebamoff Illinois filings and the case proceeds to discovery. Here’s the most recent filings in the Illinois wine retailer shipping case.

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.

Federal Appeals Court reverses Walmart’s Commerce Clause win against Texas’s ban on public corporations holding liquor store licenses. Walmart requests en banc hearing.

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

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