UPDATE: The Supreme Court has denied certiorari in this 6th Circuit matter. Cert denial can be found here. Update: TN brief below. Supreme Court to decide whether to take this the week of September 29, 2009. A pairing of lawyer and wine connoisseur has lead to the U.S. Supreme Court being asked whether limitations imposed…Read More
Update: US Supreme Court Denies Certiorari in TN Case (Bredesen v. Jelovsek)
UPDATE- Appeals Filed In Costco Fee Dispute
Washington Liquor Control Board filed its notice of appeal to the 9th Circuit on the issue of paying nearly all of the attorney fees to Costco despite winning 7/9 of the litigation. Their notice is here. Also, the Washington Beer & Wine Wholesalers Association filed their notice of appeal as well. Their appeal is here. The…Read More
4th Circuit Rules Against State of Maryland in TFWS Case.
Very disappointing but not surprising decision from 4th Circuit today ruling against the state on the Maryland laws on price posting , price holdand quantity discount ban. This decision seemed to be a certainty when an entire new panel of 4th Circuit judges came out for oral argument. Personally, I think the court just wanted to…Read More
Great win for the State of New York on 21st Amendment
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
Indiana Wins Alcohol Regulation Case, U.S. Supreme Court Denies Cert in Baude v. Heath
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