United States Supreme Court Denies Cert in Dormant Commerce Clause Challenge in Ohio

The Supreme Court today denied the cert petition.  End of this story. (earlier post–  Solicitor General Recommends SCOTUS to Not Take Ohio Case) The Solicitor General of the United States has weighed in with a brief recommending that the Supreme Court not take the dormant Commerce Clause challenge to the ruling by the Ohio Supreme Court…Read More

US Airways Case Dismissed

Well this case went out with a whimper.  After being remanded to the district court  by the 10th Circuit and having a trial date set for this April,  the parties in the US Airways lawsuit against New Mexico dismissed this case without prejudice.  Recall this case was challenge by US Airways to the propriety of New Mexico alcohol…Read More

Supreme Court denies certiorari in Wine Country case

Today the United States Supreme Court issued a long list of orders.  On this list was the denial of certiorari in the Wine Country Gift Baskets v. Steen case out of the 5th Circuit.   The orders can be found here. The Supreme Court decision leaves in place the ruling of the 5th circuit upholding the…Read More

National Conference of State Legislatures clarifies their official view of direct shipping

Update: Since the National Conference of State Legislatures (NCSL) continues to have its position on direct shipping interpreted wrongly across the country, they have sought to clarify it.  Recently, they have written to one attorney  asking for clarity to avoid stating that the the full NCSL had endorsed a wine model shipping legislation.  Click here for the letter….Read More

Massachusetts Loses Volume Cap Litigation at 1st Circuit.

The First Circuit dealt a blow to state alcohol regulation today ruling against Massachusett’s 30,000 gallon volume cap for wineries.   In its opinion, the 1st Circuit determined that the MA law, helped by statements in the legislative record, was discriminatory in both purpose and effects and violated the Dormant Commerce Clause.  This is a different…Read More