The New Jersey Attorney General office filed a petition for panel and en banc rehearing in the Third Circuit case. A copy of their petition is attached here. New Jersey alleges that the panel that heard the 3rd Circuit did not interpret Granholm correctly, that they entertained new arguments without giving New Jersey a chance to respond, they incorrectly expanding standing in this case to wine connoisseurs and that the court got the remedy wrong. New Jersey believes the state legislature not the court should determine the remedy here.
3rd Circuit Rules for New Jersey In a Mixed Decision
Third Circuit upheld New Jersey’s ban on direct shipping but ruled other parts of the NJ ABC Code violated the dormant commerce clause. The court struck down the in-state winery room sales/tasting provisions. Much of the opinion discussed the legality of standing for the plaintiffs. The 3rd Circuit has bounced back to the district court a determination of proper remedy in this matter. The opinion can be found here.
3rd Circuit opinion in New Jersey direct shipping case expected soon
Any day now the 3rd Circuit will issue an opinion in Freeman v. Fischer. In Freeman, the NJ District court mostly found for the state of New Jersey’s wine shipping laws but had some concerns about fees and regulations of out of state wineries. The state’s brief to the 3rd Circuit can be found here.