Category: Opinions

Court finds statute barring retailer warehouse storage out of jurisdiction of alcoholic beverage control authority does not violate Dormant Commerce Clause. Finally, a Tennessee Wine case that is NOT about direct wine shipping.

Commerce Clause / Opinions / Suits / Tennessee Wine Test / Warehousing
October 11, 2023

We will look back to find that the greatest result of Tennessee Wine’s “test”...

illinois chicago liquor license lawyer attorney Illinois liquor lawyer

The Tennessee Wine Test? 6th Circuit falls in line with requiring evidence of out-of-state alcohol shipping restriction’s health and safety benefits in order to surmount a Dormant Commerce Clause challenge. The State says it wants to take the matter to the Supreme Court.

Commerce Clause / Opinions / Statutes / Suits
October 5, 2023

“However, the Court in Lebamoff did not hold that direct ship restrictions are always...

Valuable insight on packaging design and labeling offered in Court’s dismissal of claims that hard seltzer conveyed the impression it contained tequila. Saying “Margarita Hard Seltzer” is not the same as saying “Sparkling Margarita” or “Margarita Cocktail.”

Advertising / Hard Seltzer / Opinions / Suits
April 25, 2023

Context is crucial. That’s the takeaway from this recent opinion out of a New...

5th Circuit’s pun-filled opinion upholds CANarchy’s right to sell beer to go in Texas because it leases and does not “own” most of its breweries across the country.

Beer / Brewery / Craft Beer / Licensing and Permits / Opinions / Suits
June 22, 2022

When we first wrote about this matter back in February of 2021, it was...

Court finds craft brewer’s label protected by free speech, state regulation of label content unconstitutional (yes, it’s Flying Dog… again)

Advertising / Beer / Brewery / Craft Beer / Craft Distiller / Distillery / Labeling / Opinions / Regulations / Suits
May 24, 2022

Flying Dog Brewery has long been known for its Ralph Steadman label artwork. Steadman...

Malt Beverage labeling regulations changed under new TTB advertising and labeling regulations

Molson and Anheuser win full dismissal of Mountain Crest (Minhas) antitrust lawsuit.

Beer / Opinions / Suits
November 11, 2020

You’ll recall that the court had recently dismissed this matter finding that Minhas’s second...

Image of Olympia Beer Can from False Advertising Complaint

Pabst loses latest bid to dismiss class action over claims Olympia beer misleads consumers into thinking its brewed from Olympia’s artesian waters. (Thank god for statutes of limitation or people would start suing because the beer came from Tumwater.)

Advertising / Beer / Brewing / Opinions / Suits
October 20, 2020

When we last wrote about this case we discussed how Pabst, the maker of...

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...

Heaven Hill Distilleries seizure of heavenhlll.com good lesson on how to protect your craft spirits, craft beer, cannabis and wine brand from typosquatting or cybersquatting

Advertising / Beer / Brewery / Brewpub / Cannabis / Cider / Craft Beer / Craft Distiller / Craft Growers / Distilled Spirits / Distillery / Opinions / Suits / Vineyard / Wine
July 2, 2020

Heaven Hill Distilleries recent win against a typosquatter holding heavenhlll.com provides a textbook example...

Force Majeure Illinois Chicago bar and restaurant wins case to forestall rent payment against landlord in bankruptcy lease part 1

New case sides with Illinois bar and restaurant over rent decrease under force majeure clause during reduced operations under COVID-19 orders. Happened in the context of a bankruptcy, but the opinion contains valuable arguments and guidance that bars and restaurants should be aware of.

Bars / Brewpub / Chicago / COVID-19 Relief / Opinions / Retailers / Suits / Tavern
June 19, 2020

It was bound to happen. And I’m happy it was in Chicago, Illinois, that...

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...

Category: Opinions

Court finds statute barring retailer warehouse storage out of jurisdiction of alcoholic beverage control authority does not violate Dormant Commerce Clause. Finally, a Tennessee Wine case that is NOT about direct wine shipping.

The Tennessee Wine Test? 6th Circuit falls in line with requiring evidence of out-of-state alcohol shipping restriction’s health and safety benefits in order to surmount a Dormant Commerce Clause challenge. The State says it wants to take the matter to the Supreme Court.

Valuable insight on packaging design and labeling offered in Court’s dismissal of claims that hard seltzer conveyed the impression it contained tequila. Saying “Margarita Hard Seltzer” is not the same as saying “Sparkling Margarita” or “Margarita Cocktail.”

5th Circuit’s pun-filled opinion upholds CANarchy’s right to sell beer to go in Texas because it leases and does not “own” most of its breweries across the country.

Court finds craft brewer’s label protected by free speech, state regulation of label content unconstitutional (yes, it’s Flying Dog… again)

Molson and Anheuser win full dismissal of Mountain Crest (Minhas) antitrust lawsuit.

Pabst loses latest bid to dismiss class action over claims Olympia beer misleads consumers into thinking its brewed from Olympia’s artesian waters. (Thank god for statutes of limitation or people would start suing because the beer came from Tumwater.)

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.

Heaven Hill Distilleries seizure of heavenhlll.com good lesson on how to protect your craft spirits, craft beer, cannabis and wine brand from typosquatting or cybersquatting

New case sides with Illinois bar and restaurant over rent decrease under force majeure clause during reduced operations under COVID-19 orders. Happened in the context of a bankruptcy, but the opinion contains valuable arguments and guidance that bars and restaurants should be aware of.

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

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