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Wineries Constitutional Challenges

Cole Schotz

The Third Circuit Gives Out-of-Staters Something to Wine About

Cole Schotz on

On February 28, 2025, the Third Circuit upheld a New Jersey law that bars the sale of out-of-state wine to New Jersey consumers without a license. The state law in question allows only sellers with a physical presence in New...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Business Has Standing to Challenge State Restriction by Alleging it Unconstitutionally Interferes with Commerce

A big win for farmers and small businesses alike, this recent opinion from the Eighth Circuit recognizes the right to challenge a state law alleged to unconstitutionally impede the free market, even where the law hasn’t yet...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

McDermott Will & Emery on

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

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