On Thursday, September 27, 2018, the Supreme Court granted cert to a new case involving Granholm-like issues for the alcohol beverage wholesale and retail tiers. See Certiorari Granted. The case, Tennessee Wine and Spirits vs. Byrd Clayton, stems from a Tennessee law which requires in-state retail license applicants to satisfy residency requirements. The law…
Tag: Granholm v. Heald
New York Is Open for Business — Or Is It?
Last week, the Albany newspaper Times Union published my most recent op ed on the Empire Wine’s legal battle with the NYSLA. The article discusses the background between the two parties, as well as the catastrophic business environment that could develop in New York State from the Authority’s interpretation of its regulations. New…
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…
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…
Defining the Limits of Intoxicating Beverages for Non-Beverage Purposes: Prohibition’s Dumbra v. United States
As lovers of wine and the law, we all know about the renowned 2005 Supreme Court case Granholm v. Heald, as well as several recent wine lawsuits from the early and mid-2000s involving our precious beverage. In the upcoming weeks, On Reserve seeks to focus on additional cases that shaped…
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…
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…
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…
Wine Retailers Appeal to SCOTUS for Review of Constitutional Issues
Happy Holidays from On Reserve! This is quite a belated post, but a legal one nonetheless, that we felt to be incredibly exciting and interesting for both the wine and legal industries. About a month ago, a group of wine retailers petitioned to the Supreme Court for a writ of certiorari…
Extending The Granholm Interpretation: The Nexus of Illinois Wine Shipment And HB 0429
On July 1, 2007, a bill called HB 0429 became law in the state of Illinois and amended the Liquor Control Act of 1934. (See Illinois Liquor Control Act of 1934.) Prior to the enforcement of HB 0429, Illinois constituents could have wine shipped to them from wineries or retailers that…