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Retail Licenses Constitutional Challenges

McDermott Will & Emery

Recent Retailer Direct Shipping Opinion Illustrates Stakes in Upcoming Supreme Court Review

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The recent US District Court for the Eastern District of Michigan opinion strikes down a Michigan statue and authorizes out-of-state retailers to sell and ship wine directly to Michigan consumers. Lebamoff Enterprises v....more

McDermott Will & Emery

US Supreme Court to Review State Residency Requirements

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The “final word” may be in sight in a long-running dispute over state residency requirements imposed on applicants for retail alcohol beverage licenses as well as more fundamental questions about state powers under the 21st...more

McDermott Will & Emery

Durational-Residency Requirements for Alcohol Beverage Retail Licensees Held Unconstitutional

On February 21, 2018, the US Court of Appeals for the Sixth Circuit published its opinion in Byrd v. Tennessee Wine and Spirits Retailers Association, No. 17-5552. The decision, which includes a partial dissent, affirms a...more

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