The U.S. Court of Appeals for the Seventh Circuit recently issued a per curiam decision denying a petition for rehearing en banc in the Chicago Wine Co. v. Indiana case. This ruling upholds Indiana’s law prohibiting out-of-state retailers from shipping wine directly to Indiana consumers and reinforces states’ authority to…
Category: Circuit Court Opinions
Minnesota Winemakers Question the Constitutionality of Grape Source Requirements
Owners of two Minnesota wineries are challenging the state’s law which limits wine production by Minnesota-licensed farm wineries to predominantly Minnesota-grown grapes. In 2017, Alexis Bailly Vineyard and Next Chapter Winery challenged a provision of the state’s law and argued that the law is a violation of the U.S. Constitution’s interstate commerce…
Post-Pom Wonderful and the Not So Wonderful Impact on Alcohol Beverages
In June of last year, the Supreme Court decided a rather revolutionary case for the food industry: Pom Wonderful LLC v. The Coca-Cola Company. The case, which was commenced by Pom Wonderful, questioned the label of a competitor’s product, Coca-Cola’s Minute Maid Blueberry Pomegranate juice. The Minute Maid label contained the words…
Eighth Circuit Affirms Decision Against Southern Wine & Spirits Allowing Discrimination Against Out-of-State Wholesalers
In September, the Court of Appeals for the Eighth Circuit decided a case with respect to wholesale licensing in the state of Missouri. Southern Wine and Spirits of America, Inc. (“SWSA”), the plaintiff-appellant, appealed from a lower court decision. The plaintiff-appellant, a foreign alcohol wholesaler, applied for a license to…
Wine Law Wrap-Up for the Week of March 18, 2013
Some very exciting wine law news emerged this week, including two stories that top the headlines of many leading publications. In the state of Massachusetts comes a story about direct shipment and a public figure. On the opposite end of the legal spectrum, we have a pending lawsuit brought by…
Criminal Law, Constitutional Law, and Litigation in the Context of Wine and the Law
The last week presented three very different stories in the context of wine the law, ranging from criminal law to constitutional law issues. The most pertinent are summarized below. On the wine law docket for the week of January 14, 2013: Chateaux Commence Legal Action Against St. Emilion Classification: This…
Costco Wholesale Corp v. Hoen and Federal Antitrust Law
The SCOTUS Granholm decision of 2005 is far-reaching with respect to subsequent issues entailing the three-tier distribution system. Many states allowed wineries to self-distribute their wines directly to retailers and bypass the wholesaler intermediary. This was the issue in Costco Wholesale Corp. v. Hoen, a case decided by the United…
Breaking News: SCOTUS Decides Not to Hear Wine Retailers Case
BREAKING NEWS! Today, the Supreme Court decided not to examine the case brought by a group of wine retailers asking to review the case of Wine Country Gift Baskets v. Steen decided by the Fifth Circuit. The justices announced today that they will not give further consideration to whether the Texas…
The Alcohol Beverage Legal Environment Post-Granholm
This article gives rise by suggestion of Tom Wark of Fermentation. It explores the legal environment, post-Granholm, relative to the constitutionality of the several state liquor regulatory laws and the underlying effect of the Supreme Court’s holding in Granholm. These three cases include Siesta Village Market LLC v. Steen, 595…
