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Friday, July 03, 2009

Courts - Federal Court Tells Out-of-State (Indiana) Wine Stores to Stay Out of New York

Mitch Frank of Wine Spectator reports in a story that begins:

New Yorkers who order wine online from retailers in other states are breaking the law, according to a decision handed down Wednesday by a federal appeals court. The ruling is the latest salvo in the war over wine shipping, and only promises to spark further legal fights.

A three-judge panel on the Second Circuit Court of Appeals ruled unanimously that New York's law permitting in-state retailers to ship wine directly to consumers but forbidding out-of-state retailers from doing the same is constitutional and within the state's rights under the 21st Amendment. The ruling upheld a 2007 district court decision, Arnold's Wines, Inc. v. Boyle. An Indiana store and two New York consumers sued to overturn New York's law, arguing that the Supreme Court's 2005 Granholm v. Heald decision, which forbids states from discriminating between in-state and out-of-state wineries, also applies to wine retailers. The district judge dismissed the case and the appellate court has now concurred.

This New York Law Journal story by Mark Hamblett is dated July 6, 2009.

The 31-page opinion is Arnold's Wines, Inc. d/b/a/ Kahn's Fine Wines & Spirits v. Boyle - access it here - Counsel for Plaintiffs-Appellants: Peter E. Seidman, Milberg LLP, New York, NY, (Sanford P. Dumain, Milberg LLP, New York, NY, James A. Tanford, Indiana Univ. School of Law, Bloomington, IN, and Robert D. Epstein, Epstein Cohen Donahoe & Mendes, Indianapolis, IN, of counsel), for Plaintiffs-Appellants..

Posted by Marcia Oddi on July 3, 2009 04:26 PM
Posted to Courts in general