Judge Hale of the Western District of Kentucky dismissed a constitutional challenge by an out-of-state retailer to Kentucky laws as it sought to be able to ship alcohol to Kentucky residents from out of state retail locations. The Court granted the state’s motion to dismiss the dormant Commerce Clause and Privileges & Immunities challenges. The…Read More
Court Dismisses Retailer Challenge to Kentucky Law
February 16, 2021 21st Amendment Alcohol Regulation All Supreme Court
Maryland Appellate Court Rules Against Pabst Again in Attempted Successor Supplier Distributor Termination
February 2, 2021 Alcohol Regulation Guest Columns
The Maryland Court of Special Appeals has ruled again for a beer distributor who was wrongly terminated by Pabst Brewing as a result of Pabst Brewing reorganizations. The Maryland court found that the Maryland Beer Franchise law was clear and that that the corporate restructuring of Pabst Brewing did not qualify it to be a…Read More
Ohio Concludes 21st Amendment Enforcement Act Litigation
January 27, 2021 21st Amendment Alcohol Regulation All
The district court has approved the final consent order in the 21st Amendment Enforcement Act lawsuit brought by the state of Ohio against various wine sellers. As explained in the joint motion requesting approval of the consent order filed by Ohio and defendant Wine.com, the defendant has agreed to open to comply with Ohio law…Read More
Supreme Court Denies Review of Lebamoff Challenge to Michigan Retail Delivery Laws
January 11, 2021 21st Amendment Alcohol Regulation Supreme Court
The Supreme Court issued an order today denying certiorari in hundreds of cases. The Lebamoff appeal of their loss at the 6th Circuit was one of the cases on today’s order list. This order ends this case but the same law firm has cases pending in the 8th and 9th circuits with seven other…Read More
2020 Alcohol Litigation Cases in Review: No New Supreme Court Case (Yet) and a Narrowing of the Battlefield
January 4, 2021 All
2020 was another very busy year for alcohol litigation. At this time in January 2020, I noted the possibility of seven cases being presented to the Supreme Court for their consideration in 2020. With the 2019 Tennessee Wine & Spirits Retailers Association decision fresh in mind, it was unknown if the court was going to…Read More
