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

Supreme Court Grants Cert in Tennessee Retailers Case

The Supreme Court will hear the appeal of the Tennessee Retailers Association.  On September 27, 2018 the court granted the petition filed earlier this summer.   The question presented to the court is “Whether the Twenty-first Amendment empowers States, consistent with the dormant Commerce Clause, to regulate liquor sales by granting retail or wholesale licenses only to individuals or…Read More

Motions to Dismiss Out of State Wholesaler Case in California Filed

The State of California has filed a Motion to Dismiss a Complaint filed by Orion Wine (a Florida company) and a Florida businessman who claim that the three-tier laws of California that require retailers in California to secure their alcohol from California wholesalers is a violation of the dormant Commerce Clause and the Privileges and…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

En Banc Panel Upholds California Tied House Law Against First Amendment Challenge

In a 10-1 decision, an en banc panel of the 9th Circuit overruled a previous three judge decision of the Ninth Circuit and reinstated a district court decision that upheld a California alcohol law regulating the payment between suppliers/wholesalers and retailers. In the opinion authored by Judge Paez the opinion noted that the Supreme Court’s Central Hudson…Read More