The two lawsuits challenging Rhode Island laws regulating retailer shipping have been voluntarily dismissed by the Plaintiffs. Last week the court issued an order for the Plaintiff to address the serious standing matters present in the Anvar case. The district court had previously ruled for the state in Anvar, but the First Circuit sent the…Read More
Archives for 2024
Rhode Island Retailer Shipping Cases Voluntarily Dismissed by Plaintiff
November 25, 2024 21st Amendment All Supreme Court
Illegal Alcohol Production Breaking Into the United States?
November 12, 2024 All
Unlicensed Distiller Sentenced to Jail for Killing Three People and also the Justice Department Files Appeal to the 5th Circuit in the Challenge to Home Distilling Ban The World Health Organization (WHO) has noted that over 25% of the alcohol in the world is “unrecorded alcohol” meaning it is illegally produced and not taxed and…Read More
Iowa District Court Strikes In Part/ Upholds In Part Law Allowing Iowa Wineries to Self-Distribute
October 25, 2024 All
Judge Ebinger of the Central District in Iowa has ruled on summary judgement motions before her. In her decision, she ruled for an out of state winery’s dormant Commerce Clause challenge to one Iowa law (123.173(2)) that allows Iowa wineries to also be a wholesaler but the judge also ruled for the state against challenges…Read More
Massachusetts Supreme Judicial Court Rejects Constitutional Challenge to State Franchise Law
August 13, 2024 All
The highest court in Massachusetts has ruled against a challenge to the commonwealth’s franchise law by an out of state importer. The importer was terminated by its supplier and it sought protection under the Massachusetts franchise law. However, importers are defined under section 18B of the MA code while wholesalers are under a different part…Read More
Texas District Court Strikes Down Federal Regulation on Home Distilling
July 12, 2024 All
I learn something new every day. Apparently, when Congress passed the law (26 USC 5178(a)(1)(B)) to prohibit home distilling in 1868 they violated their authority under the Taxing Clause and the Commerce Clause of the United States Constitution. At least that is what a district court in Texas has just found in striking the law…Read More
