A very impressive win for New York today as the Second Circuit rejected a challenge by an out-of-state retailer seeking to sell to NY consumer. In a strong opinion by Circuit Judge Wesley and a very informational concurrence by Circuit Judge Calabresi, the Second Circuit rejected the claims of the plaintiff. The decision notes that…Read More
Archives for 2009
Great win for the State of New York on 21st Amendment
July 1, 2009 21st Amendment Alcohol Regulation Supreme Court
State Right to Regulate (Banks) Upheld by U.S. Supreme Court
June 29, 2009 Alcohol Regulation Supreme Court
Today the U.S. Supreme Court held its final session. Traditionally the tougher cases on its docket are decided the last few days of the court term and today was no exception. In a close 5-4 decision, the Supreme Court upheld the rights of the states to enforce state laws against discrimination in mortgage lending against…Read More
Indiana Wins Alcohol Regulation Case, U.S. Supreme Court Denies Cert in Baude v. Heath
May 18, 2009 21st Amendment
The U.S. Supreme Court decided Granholm v. Heald, a case concerning the direct shipping of wine shipping in 2005. The Court ruled that a state could not prohibit out-of-state wineries from shipping directly to citizens while allowing in-state wineries to do so. The Supreme Court then denied cert on the Brooks v. Vassar case in…Read More
New Jersey Supreme Court Rules on Dram Shop Liability
April 13, 2009 All
Interesting New Jersey Case about Dram Shop Liability was released yesterday.? In the case of Bauer v. Nesbitt the NJ Supreme Court reversed a lower appeals court ruling that held a drinking establishment guilty under the Dram Shop law despite the fact that it did not provide any alcohol to the under aged, intoxicated person. ?…Read More
Important Oral Arguments Held in 5th Circuit Retailer Direct Shipping Matter
April 7, 2009 All
Last week in New Orleans the 5th Circuit held oral arguments on the case Siesta Village v. Perry. Recall this is one of the three challenges to state laws that require sales to consumers go through licensed in-state retailers. The 2nd Circuit held oral arguments in the similar New York case in January and there is…Read More
