Court Review of ABI-SABMiller Merger Complete, Judge Signs Modified Final Judgment

United States District Court Judge Emmet Sullivan ended the two-year journey for approval of the ABI-SABMiller merger by signing the Modified Final Judgment. Judge Sullivan had this case as part of the Tunney Act review of this merger. The Tunney Act process is designed to give judicial oversight of antitrust merger decisions and settlements. As…Read More

Michigan Court Enters Stay of Retail Shipping Order Pending Supreme Court Review of TN Case

Because of the pending Supreme Court review of the Byrd v. TN Retailers Association matter, Judge Tarnow granted the state of Michigan’s motion and has issued a stay of his injunction against the Michigan retail shipping law.   In acknowledging the pending Supreme Court matter, the judge noted: “The Court is aware that legislative efforts to bring…Read More

Appeal filed in Mississippi Action Against Illegal Alcohol Shipment

The Attorney General of Mississippi has indeed filed an appeal with the Supreme Court of Mississippi to the Judgments and Orders of the Chancery Court of Rankin County which had dismissed the state’s Complaint.   We will keep you up to date on additional briefing. (earlier post)  Mississippi AG to Appeal Shipping Ruling A state trial…Read More

Minnesota’s 51% Grape Law Heading to 8th Circuit

The winery that lost the challenge to Minnesota’s grape law has filed an appeal to the 8th Circuit.  Briefing has been done and amicus briefs have been filed by local cider makers and the Institute of Justice.   The State’s brief has concentrated on the standing challenges that the district court found persuasive.  A date for oral argument…Read More

New Law Review Article Offers Comprehensive Overview of 21st Amendment and the Commerce Clause

A large number of law review articles addressing the 21st Amendment take a very narrow view of the amendment as part of on going policy fights related to alcohol regulation.  So, it is refreshing to see a new law review article that gives a more balanced history on the interaction between the 21st Amendment and…Read More