News & Analysis as of

Commerce Clause Alcohol Beverage Control

McDermott Will & Emery

Examining Lebamoff Enterprises v. Whitmer

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit’s recent decision in Lebamoff Enterprises v. Whitmer upheld Michigan laws permitting direct-to-consumer shipping by in-state alcohol beverage retailers but prohibiting such...more

McDermott Will & Emery

Implications of the Supreme Court's Tennessee Retailers Decision

As virtually everyone in the US alcohol beverage industry knows, last week the US Supreme Court handed down its opinion in Tennessee Wine and Spirits Retailers Assn. v. Thomas, S.Ct. No. 18-96 (June 26, 2019). Now that over a...more

Proskauer - Minding Your Business

State Liquor Law Tossed: Industry Changes Ahead

In a decision with major implications for fans of wine, liquor, or free trade, the Supreme Court has affirmed a ruling that struck down a Tennessee law, which imposed certain residency requirements to operate retail liquor...more

Burns & Levinson LLP

When Alcohol Leads, Cannabis Follows

Burns & Levinson LLP on

The nascent cannabis industry is much like a younger sibling, riding the wake of its forerunner, alcohol.  In joining the vice industry’s consumer products market segment, the cannabis industry has had the benefit of being...more

Husch Blackwell LLP

Tennessee Alcohol Update

Husch Blackwell LLP on

On October 15, 2018, we blogged about Tennessee’s regulations on licensing for retail sales of alcoholic beverages. Tennessee requires residency within the state for two years in order to obtain an initial license. ...more

Bradley Arant Boult Cummings LLP

A “Spirited” Supreme Court Decision on Liquor Laws Opens the Door for Alcohol Retailers to Expand Business across State Lines -...

On June 26, 2019, the Supreme Court gave persons and companies wishing to open retail liquor stores a reason to raise a glass. By a vote of 7-2 in Tennessee Wine and Spirits Retailers Association v. Thomas, the court struck...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Tennessee Wine and Spirits Retailers Association v. Thomas

On June 26, 2019, the Supreme Court decided Tennessee Wine and Spirits Retailers Association v. Thomas, No. 18–96, holding that Tennessee’s two-year residency requirement for individuals and businesses seeking to obtain...more

McDermott Will & Emery

District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws

On Friday, March 29, the US District Court for the Eastern District of Missouri handed down its decision in Sarasota Wine Market v. Parson, No. 4:17CV2792. The decision upholds Missouri’s laws permitting in-state retailers to...more

McDermott Will & Emery

Guidance Provided on Interplay of “Dormant” Commerce Clause and the 21st Amendment

On April 21, the US Court of Appeals for the Fifth Circuit handed down its opinion in Cooper v. Texas Alcoholic Beverage Commission, No. 14-51343. It provides further guidance, at least within the Fifth Circuit, on the...more

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