SCOTUS denies Cert. in Lebamoff 6th-Circuit wine retailer shipping case.
This morning, the United States Supreme Court denied the petition for certiorari filed by...
Category: Wine
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.
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.
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.
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.
A pair of farm wineries challenged a portion of Minnesota’s farm winery law that...
Spoiled wine complaint for cooked wine in a shipping container good example of altering allegations for claims governed by the Carriage of Goods by Sea Act.
This case involves a shipment of spoiled wine – potentially “cooked” wine – the...
The scariest thing about the TTB / Anheuser-Busch offer in compromise and suspension agreement over sponsorship and advertising practices is what wasn’t written… assertions of verbal agreements require vigorous enforcement.
For a week or two now #beerlaw twitter has been writing about the record...
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...
The out-of-state retailers arguing the Commerce Clause allows them to ship alcohol across state borders on par with in-state retailers that have the same privilege filed for Supreme Court review of the 6th Circuit Lebamoff decision. We’ve got the brief for you.
I’m doing my best to draft headlines that tell you all you really need...
Bars, restaurants, and wineries, breweries, and distilleries with tap rooms should look to hospitality wins like this recent cruise industry defeat of COVID-19 “fear” and “proximity” cases for lessons and guidance on what to expect in upcoming coronavirus cases.
Yes, expect it. Even with many states passing or considering COVID-19 protections for businesses...
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
Heaven Hill Distilleries recent win against a typosquatter holding heavenhlll.com provides a textbook example...
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...
