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
Massachusetts Loses Volume Cap Litigation at 1st Circuit.
January 14, 2010 21st Amendment Supreme Court
TFWS Case In Maryland Is Officially Over
January 13, 2010 21st Amendment Alcohol Regulation Supreme Court
Well the sordid ten year history of the TFWS case is over. There will be no appeal to the United States Supreme Court. In order to save the state money from attorneys fees, the state will not appeal in exchange for not having to pay attorney fees. In a fee settlement agreement filed with the court the…Read More
Update: US Supreme Court Denies Certiorari in TN Case (Bredesen v. Jelovsek)
October 5, 2009 21st Amendment Alcohol Regulation Supreme Court
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
4th Circuit Rules Against State of Maryland in TFWS Case.
July 15, 2009 21st Amendment Alcohol Regulation Supreme Court
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
July 1, 2009 21st Amendment Alcohol Regulation Supreme Court
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
