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Interstate Commerce Wine & Alcohol

Lathrop GPM

Washington Federal Court Denies Motion to Dismiss Out-of-State Distillers Constitutional Challenge to Washington’s Distillery...

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A federal court in Washington denied the State of Washington’s motion to dismiss an out-of-state distiller’s constitutional challenge to Washington’s distillery regulatory scheme. Shady Knoll Orchards & Distillery LLC v....more

Jones Day

New Illinois and Chicago Taxes for Direct-to-Consumer Wine Sales

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Direct-to-consumer wine sellers will face confusing, burdensome, and potentially unlawful new tax collection responsibilities beginning in 2021. The Illinois Department of Revenue released Informational Bulletin FY 2021-06...more

McDermott Will & Emery

Examining Lebamoff Enterprises v. Whitmer

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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

Mississippi Supreme Court Rejects ‘Passage of Title’ DTC Theory

Last week, the Supreme Court of Mississippi handed down an opinion in Fitch v. Wine Express Inc., No. 2018-SA-01259-SCT. A state court decision on the rather dry subject of personal jurisdiction often merits little comment,...more

Ward and Smith, P.A.

Beer, Hemp, and CBD in North Carolina

Ward and Smith, P.A. on

The cannabidiol ("CBD") industry is exploding today. Hemp and hemp-derived CBD were classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA") until the passage of the Agriculture...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

Williams Mullen

Proposed New North Carolina Law Would Allow Distilleries to Sell Direct to Consumers Outside the State at the Distiller’s Price

Williams Mullen on

North Carolina House Bill 169, the Regulatory Reduction Act of 2016, proposes to authorize North Carolina distilleries to “better complete nationally and internationally” through two important changes: (1) increasing the cap...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

McDermott Will & Emery

Local Wholesaler-Retailer Dispute Has Federal Implications

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On August 14, the U.S. District Court for the Southern District of Mississippi issued an opinion finding that state regulations bolstered one antitrust claim and hindered another in an ongoing dispute between a northern...more

McDermott Will & Emery

Allied Domecq: Nexus-Combined Reporting

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In Allied Domecq Spirits & Wines USA, Inc. v. Commissioner of Revenue, the Massachusetts Court of Appeals held that the parent company of a Massachusetts taxpayer could not be included in the taxpayer’s Massachusetts...more

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