Case
Day v. Henry
7 published works
Libation Law Blog
Ohio Wine Shipping Case: Circuit Split or Sour Grapes?
There is an old move in appellate practice: when the facts do not go your way, make the case sound bigger than the facts. Call it a split. Call it…
Libation Law Blog
The Sky Did Not Fall: Supreme Court Denies Cert in Day v. Henry and Chicago Wine v. Braun
The Supreme Court took a pass on retailer direct shipping. And with that, the Henny-Penny chorus warning that Tennessee Wine meant the sky was falling on the three-tier system will…
Libation Law Blog
The Sixth Circuit Finally Lets the Retailer DTC Plaintiffs Win — But Block v. Canepa Is Not the End of the Three-Tier System
Watch retailer direct-shipping litigation long enough and you start to recognize the rhythm. Out-of-state wine retailer sues. Consumer plaintiff says he wants bottles he cannot get locally. State says three-tier…
Libation Law Blog
“Unquestionably Legitimate” and Day v. Henry: Will the Supreme Court Finally Clarify Retailer Direct-to-Consumer Shipping After Tennessee Wine?
The dicta that ate the doctrine Watch modern alcohol-case briefing for five minutes and you’ll see the same incantation: the three-tier system counts as “unquestionably legitimate.” The phrase originated in…
Libation Law Blog
Ninth Circuit’s Amended Wine Shipping Opinion: Discrimination? Irrelevant.
Earlier this year, we wrote that the Ninth Circuit’s original decision in Day v. Henry created such a departure from current law that en banc review looked inevitable. The March…
Libation Law Blog
Washington Court Tries to Sidestep Granholm in Out-of-State Distiller Fight
In an opinion that will likely not stand for long, the U.S. District Court for the Eastern District of Washington in Shady Knoll Orchards & Distillery v. Vollendroff handed down…
Libation Law Blog
The 9th Circuit’s Decision in Day v. Henry: Another Step in the Developing Dormant Commerce Clause and 21st Amendment Jurisprudence
If you’ve been following along with dormant Commerce Clause litigation in the alcohol space, the 9th Circuit’s recent ruling in Day v. Henry should grab your attention. If you haven’t…