Ninth Circuit’s Amended Wine Shipping Opinion: Discrimination? Irrelevant.
Earlier this year, we wrote that the Ninth Circuit’s original decision in Day v....
Category: Delivery and Shipping
The 9th Circuit’s Decision in Day v. Henry: Another Step in the Developing Dormant Commerce Clause and 21st Amendment Jurisprudence
If you’ve been following along with dormant Commerce Clause litigation in the alcohol space,...
Case involving alcohol law allowing in-state distilleries shipping direct to citizens and prohibiting out-of-state distilleries from doing the same allowed to proceed after direct comparison to Granholm.
In a classic Granholm v. Heald situation involving a lack of parity between in-state...
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.
The appeal results from a challenge in Ohio. An out-of-state wine retailer and an...
Court provides stark reminder to liquor and beer distributors about why FOB terms matter: the location of title transfer or sale can determine whether you have franchise protection thanks to the Dormant Commerce Clause.
In a recent opinion showing the 21st Amendment and state franchise laws must work...
Recent updates to the Illinois Liquor Control Act, Part 1 of 2, Definitions, Class 3 Brewers, Self-Distribution, Alternating Premises Tap Rooms and more.
The Governor’s signature brought Public Act 102-0442 to life on August 20. The Act...
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...
Court overturns state alcohol board’s regulatory ruling barring delivery of alcohol to special event locations like festivals for those licensed to sell liquor, beer, and wine at those events.
In this case, a Florida bar appealed from a decision of the Florida Department...
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...
New Illinois legislation allows bars and restaurants to sell cocktails to go, but for some reason, the act of drafting liquor legislation continues to be a hack-job. Do only glass containers work? What’s the work-around for brewpubs, tap rooms and distilling pubs?
The State of Illinois passed a bill expanding alcoholic beverage consumption options in its...
OSHA has COVID-19 guidelines for bars and restaurants – adding to the manufacturing and delivery ones that brewers, vintners and distillers should read.
OSHA has released guidelines for bars and restaurants serving the public through takeout or...
6th Circuit rules in favor of 3-tier system blocking access to out-of-state liquor retailers in Michigan case looking to allow out-of-state retailers to deliver to in-state consumers where in-staters have that privilege.
In case you don’t want to read through this, the majority of the reasoning...
