News & Analysis as of

Wine & Alcohol Constitutional Challenges

Farella Braun + Martel LLP

A Brief Guide to Wine Tariffs

While much has been written about how the tariffs introduced in the White House’s April 2, 2025 Executive Order will reshape the U.S. wine industry, if and when they fully go into effect, very little has been written about...more

Bradley Arant Boult Cummings LLP

George Washington’s Whisky Distillery, 21st Century Edition

You might think the laws of King Edward I of England (1239-1307), George Washington’s whisky distillery, and an 1807 “Treatise on the Law of Idiocy and Lunacy” have little to do with the federal criminal code of 2024. And you...more

Troutman Pepper Locke

Massachusetts Court Rejects State AG’s Effort to Vacate Order in Settled Liquor Law Dispute

Troutman Pepper Locke on

On January 26, a Massachusetts Superior Court rejected an effort by the Massachusetts Attorney General (AG) to vacate an order that cast doubt on the constitutionality of a new Massachusetts liquor law....more

Lathrop GPM

Washington Federal Court Denies Motion to Dismiss Out-of-State Distillers Constitutional Challenge to Washington’s Distillery...

Lathrop GPM on

A federal court in Washington denied the State of Washington’s motion to dismiss an out-of-state distiller’s constitutional challenge to Washington’s distillery regulatory scheme. Shady Knoll Orchards & Distillery LLC v....more

McDermott Will & Schulte

Examining Lebamoff Enterprises v. Whitmer

The US Court of Appeals for the Sixth Circuit’s recent decision in Lebamoff Enterprises v. Whitmer upheld Michigan laws permitting direct-to-consumer shipping by in-state alcohol beverage retailers but prohibiting such...more

Morgan Lewis

US Supreme Court to Weigh In on Tennessee’s Durational Residency Requirements for Wine Retailers

Morgan Lewis on

The US Supreme Court is expected to rule this summer in Tennessee Wine & Spirit Retailers Ass’n v. Blair, which marks the first time in 14 years that the Court has taken up a case involving the wine industry. One hundred...more

McDermott Will & Schulte

Tied-House Law Update

McDermott Will & Schulte on

During the Wine, Beer & Spirits Law Conference, Marc Sorini discussed recent legal developments in federal and state trade practice law. He provides a background for each and explores recent and pending investigations. ...more

McDermott Will & Schulte

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

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 & Schulte

US Supreme Court to Review State Residency Requirements

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 & Schulte

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

Bowditch & Dewey

Cheers to Lifting Blue Laws on Pub Brewers

Bowditch & Dewey on

Separation of church and state? Not so much when it comes to some liquor laws. For centuries, the so-called “blue laws” have placed restrictions on the sale of alcohol in Massachusetts. To be clear, the U.S. Supreme Court...more

McDermott Will & Schulte

Texas Court Strikes Down Prohibition on Payments for Brand Rights

Late last week, a district judge in Texas declared unconstitutional under the Texas Constitution a provision of the state’s Beer Industry Fair Dealing Law (i.e., the beer “franchise” law) that expressly prohibits a brewer...more

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