A New York State Supreme Court dismissed a lawsuit launched by Empire Wine against the New York State Liquor Authority (“NYSLA”). In an 11-page ruling, Justice George Ceresia rejected Empire’s complaint that the statute upon which the NYSLA is relying is excessively vague, and denied Empire’s request for a preliminary injunction preventing…
Tag: direct shipment
Retailer Empire Wine Sues New York State Liquor Authority: Direct Shipping
In August, the New York State Liquor Authority (“NYSLA”) charged a New York retailer, Empire Wine & Spirits, with sixteen counts of improperly shipping wine to out-of-state consumers in states including California, Illinois, Louisiana, Massachusetts, Ohio, Pennsylvania, and Virginia. See New York Retailer Charged with Illegally Shipping Wine to Out-of-State Consumers. The charges…
Thank You for Attending the Wine Law CLE
Special thanks to all On Reserve readers who attended last week’s CLE course on wine law in New York City. The course surveyed an introduction to wine law, and highlighted some of the major legal issues with respect to federal regulation, state regulation, and direct shipping. Although many issues affect the…
Pennsylvania Attorney’s Wine Collection Seized and May be Destroyed by Government
Arthur Goldman, a Pennsylvania attorney, was recently accused of selling wine without a license. The story goes that Mr. Goldman privately procured high-end wines for friends and colleagues, selling the wine directly to multiple parties through his personal cellar as opposed to shipping the wine through Pennsylvania’s state-controlled liquor stores. (For the…
Virtual Seminar on Direct Shipping Sales Scheduled for October 17th
As many wine law enthusiasts know, the issue of direct shipment is a significant legal issue for wineries selling in the U.S. The legal atmosphere within the states is continually changing with new regulations, so it is important for wine industry professionals to stay up-to-date on direct shipping. This October,…
Revisited: Granholm v. Heald and the Wine Industry
This blog entry was originally posted on August 7, 2010, five years after the Supreme Court decided a major case impacting the wine industry. The decision Granholm v. Heald remains important to the wine industry and provides great context for the types of legal issues the American wine industry faces on a…
Are You Writing a Note or Conducting Research on Wine Law?
The fall season is easily characterized by what is a sizable, but highly rewarding, project for many students in their second year of law school: the note writing process for law school journals. And while concerns dwindle from, “What topic should I choose?” to “Is my thesis strong enough” to…
Third Party Providers and the Future of Wine Laws in America
This summer I had the absolute pleasure of working with the legal and regulatory compliance department of Lot18, a dynamic and rising flash sale site for premium wines and epicurean products. Lot18 is a budding company stationed in New York City and embraces an enthusiastic—and highly admirable—dedication to customer service…
Three-Tier Distribution, Direct Shipment, and Wine Politics in the New York Times
On Sunday, The New York Times published an excellent op-ed article tracing the history of the regulation of wine in the states and discussing the major contemporary problem relating to three-tier distribution in America. The article, which is brilliantly written by David White of Terroirist blog, is accessible at Wholesale…
Direct Shipment of Wine Could Soon be Allowed in Maryland
Note: There were several corrections made to this entry post-publication. The author would like to specifically point out that direct shipment is not yet allowed in Maryland, but it appears that direct shipment will soon be available in Maryland in the upcoming months. We apologize for any confusion the original…