We’ve had the ability to do guest columns on this website but never utilized it until now. These guest columns are not to be considered legal advice but rather are thoughts on issues relating to alcohol law and policy. The first guest column is brought to us by Mike Madigan, a partner in Madigan, Dahl and Harlan…Read More
US Airways Case Dismissed
January 31, 2012 21st Amendment Alcohol Regulation Supreme Court
Well this case went out with a whimper. After being remanded to the district court by the 10th Circuit and having a trial date set for this April, the parties in the US Airways lawsuit against New Mexico dismissed this case without prejudice. Recall this case was challenge by US Airways to the propriety of New Mexico alcohol…Read More
7th Circuit Rejects Preemption and Commerce Clause Challenge to Indiana Retail Shipping Laws
January 17, 2012 21st Amendment Alcohol Regulation Equal Protection Preemption
In a long and interesting opinion the 7th Circuit ruled against the plaintiffs claiming retail shipping must be treated equally with winery shipping. Click here for the opinion. The opinion I am sure will give arguments for both sides of the debate about alcohol regulation but on balance has some nice quotations that bolster those in…Read More
Court Upholds Some, Strikes Some Parts of Texas ABC Code
December 21, 2011 All
Yesterday a US District court in Texas ruled on a challenge to various parts of the Texas ABC code. The decision is here. Judge Sparks struck down three provisions of the Texas ABC code for violating the 1st Amendment right to commercial speech. He upheld the equal protection and commerce clause challenges to the Texas code. …Read More
Illinois Tax Upheld by IL Supreme Court
September 1, 2011 Alcohol Regulation
Under the category of cleaning up, I realized I had posted the complaint but never follwoed through on this post. The Illinois Supreme Court rejected the tax increase challenges on liquor and noted it did not violate the state’s single subject rule. The complaint is here. Sorry for the long delay. (earlier post) Illinois Lawsuit Seeks…Read More
