Federal Court Upholds Illinois Law Banning Out of State Retailer Shipping

Judge Samuel Der-Yeghiayan sitting in the Northern District of Illinois rejected the complaints of an Indiana retailer and Illinois resident claiming Illinois law requiring customers receive their wine through Illinois retailers violated the Dormant Commerce Clause and the Privileges and Immunities clause of the Constitution. In a crisp 9 page opinion, the court noted that…Read More

Court Rules for Connecticut and Against Total Wine in Antitrust Challenge

United States District Court Judge Janet Hall upheld various Connecticut laws from antitrust challenges brought by Connecticut Fine Wine and Spirts which most of us know as Total Wine.  In her thorough 40 page opinion granting the state and intervenors’ motions to dismiss, Judge Hall methodically went through the challenges and held: “Total Wine’s challenges to the post and hold…Read More

8th Circuit Reverses Win for Missouri on Alcohol Advertising

The 8th Circuit has ruled that a district court was wrong to grant a 12(b)(6) motion to dismiss brought by Missouri against a complaint by the Missouri Broadcasters Association. The District Court opinion is here. The Missouri Broadcasters brought a challenge to three provisions of the Missouri alcohol code. The challenged provisions were laws that prohibit…Read More

Idaho Court Rules Against Effort to Restrict 10 Barrel Brewpub in Idaho

A state district court ruled against the distributor challenge to the Idaho State Police’s interpretation of Idaho’s small brewer definition.  The Court noted the confusing language in the sections of Idaho code but concluded, “Whatever the legislature intended, it did not preclude an international giant in the industry from buying out the local competition of brewers…Read More

New Dormant Commerce Clause Lawsuit Filed by Out of State Retailer in Missouri

A new lawsuit has been filed in federal court in Missouri challenging the law that allows Missouri retailers to sell, ship and deliver wine directly to Missouri consumers but not out of state retailers.  The Complaint alleges violations of the dormant Commerce Clause and Privileges & Immunities law.  It is brought by a Florida wine retailer, its…Read More