Category: Wine

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.

Commerce Clause / Delivery and Shipping / Direct Shipping / Suits / Vineyard / Wine
May 24, 2023

The appeal results from a challenge in Ohio. An out-of-state wine retailer and an...

Court rejects wine supplier’s attempt to dismiss wine distributor’s lawsuit for improper termination and reasonable compensation finding termination for lack of prompt payment and assertions of improper credit require factual determination.

Distribution / Distribution Agreements / Franchise Laws / Suits / Wholesalers / Wine
May 10, 2023

A Michigan Federal Court has ruled that the motion to dismiss stage is no...

The Illinois Craft Brewers Guild “Beer Omnibus” bill contains some excellent advancements for bars, restaurants, wineries, distilleries and not-for-profits. With commentary.

Bars / Beer / Brewery / Brewpub / Chicago / Distillery / Distribution / Retailers / Statutes / Tavern / Vineyard / Wholesalers / Wine
April 19, 2023

Experience guides the law and the development of workable statutes is no exception to...

Petition for SCOTUS review filed in North Carolina alcohol shipping case (the one with the great dissent from Judge Wilkinson).

Commerce Clause / Suits / Wine
October 12, 2022

You’ll recall our coverage of the cogent dissent that Judge Wilkinson penned in B-21...

Selling alcoholic beverages in Illinois? Retailers, wholesalers, distilleries, breweries and wineries should get familiar with the soon-to-be new rule regarding alcoholic beverage promotions involving coupons and rebates; scan backs are prohibited.

Advertising / Bars / Beer / Brewery / Chicago / Craft Beer / Craft Distiller / Distilled Spirits / Distillery / Distribution / Regulations / Retailers / Sales / Tavern / Wine / Winemaking
June 20, 2022

Following an initial first-round publication (now edited) and two rounds of comments (here and...

In wine retailer shipping case, 4th Circuit panel splits over proper test for Twenty-first Amendment dormant Commerce Clause challenges and interpretation of holdings in Granholm and Tennessee Wine. Bonus: we have the briefs and appendix for you.

Commerce Clause / Retailers / Statutes / Wholesalers / Wine
June 7, 2022

Judge Friendly often proved the power of an articulate and well-reasoned dissent. His dissents...

amendments to Illinois liquor Control Act

Recent updates to the Illinois Liquor Control Act, Part 1 of 2, Definitions, Class 3 Brewers, Self-Distribution, Alternating Premises Tap Rooms and more.

Bars / Beer / Brewery / Brewing / Brewpub / Craft Beer / Craft Distiller / Delivery and Shipping / Distilled Spirits / Distillery / Distilling / Distribution / Regulations / Retailers / Sales / Statutes / Vineyard / Wine / Winemaking
November 8, 2021

The Governor’s signature brought Public Act 102-0442 to life on August 20. The Act...

Bacardi USA Bombay Winn-Dixie Grains of Paradise Lawsuit - Illinois liquor lawyer Chicago liquor lawyer

Here’s the oral argument audio in the Bacardi grains of paradise preemption case.

Beer / Brewery / Craft Beer / Craft Distiller / Distilled Spirits / Distillery / FDA / Regulations / Sales / Wine
February 10, 2021

You can read about this case in our previous posts on it here, and...

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...

Big Six generic for wine trademark illinois chicago liquor license lawyer attorney

Winery raising funds without allegedly disclosing that it hadn’t received licensure yet nets ex parte cease-and-desist order from state regulators. A cautionary lesson for wineries, breweries, and distilleries raising start-up capital.

Brewery / Distillery / Vineyard / Wine
January 5, 2021

The Vermont Department of Financial Regulation recently issued an ex parte cease-and-desist order to...

Out-state Illinois Winery Shipper’s licensees’ must remit state and local taxes on direct-to-consumer wine sales come January 1. Note: collecting local taxes proves taxation is not a reason to argue against retailers’ interstate commerce in alcohol.

Illinois Liquor Control Commission / Taxes / Vineyard / Wine
December 8, 2020

The country-spanning impact of South Dakota v. Wayfair just hit the Illinois direct-to-consumer wine...

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...

Category: Wine

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.

Court rejects wine supplier’s attempt to dismiss wine distributor’s lawsuit for improper termination and reasonable compensation finding termination for lack of prompt payment and assertions of improper credit require factual determination.

The Illinois Craft Brewers Guild “Beer Omnibus” bill contains some excellent advancements for bars, restaurants, wineries, distilleries and not-for-profits. With commentary.

Petition for SCOTUS review filed in North Carolina alcohol shipping case (the one with the great dissent from Judge Wilkinson).

Selling alcoholic beverages in Illinois? Retailers, wholesalers, distilleries, breweries and wineries should get familiar with the soon-to-be new rule regarding alcoholic beverage promotions involving coupons and rebates; scan backs are prohibited.

In wine retailer shipping case, 4th Circuit panel splits over proper test for Twenty-first Amendment dormant Commerce Clause challenges and interpretation of holdings in Granholm and Tennessee Wine. Bonus: we have the briefs and appendix for you.

Recent updates to the Illinois Liquor Control Act, Part 1 of 2, Definitions, Class 3 Brewers, Self-Distribution, Alternating Premises Tap Rooms and more.

Here’s the oral argument audio in the Bacardi grains of paradise preemption case.

SCOTUS denies Cert. in Lebamoff 6th-Circuit wine retailer shipping case.

Winery raising funds without allegedly disclosing that it hadn’t received licensure yet nets ex parte cease-and-desist order from state regulators. A cautionary lesson for wineries, breweries, and distilleries raising start-up capital.

Out-state Illinois Winery Shipper’s licensees’ must remit state and local taxes on direct-to-consumer wine sales come January 1. Note: collecting local taxes proves taxation is not a reason to argue against retailers’ interstate commerce in alcohol.

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.

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