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 sovereignty. Call it the sky falling.
That is what Ohio
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Ohio’s Hemp Law Runs Into the Dormant Commerce Clause: Federal Court Blocks Enforcement of S.B. 56 Against Hemp Companies
Ohio can regulate hemp. Ohio can regulate intoxicating cannabinoids. Ohio can decide that certain products are too risky, too strong, too attractive to minors, or too poorly tested to be sold in the state. What Ohio cannot do, at least
Maryland’s Beer Delivery Case Shows Why “Employee Delivery” May Not Save Discriminatory Alcohol Shipping Laws
States defending local alcohol privileges often try to draft around the dormant Commerce Clause with a delivery distinction. They do not always write that only in-state breweries, wineries, or distilleries may ship. Instead, they create a delivery, shipping, self-distribution, or
IDOR’s Proposed Liquor Tax Overhaul: A Return to the Same Unconstitutional Scheme the Illinois Supreme Court Already Struck Down
Illinois liquor distributors, importing distributors, manufacturers, RTD cocktail producers, and alcohol brand owners should be paying close attention to the Illinois Department of Revenue’s proposed amendments to 86 Ill. Adm. Code 420.
Illinois HB 5784 Would Kill Hemp THC Beverages Early
If you sell, distribute, manufacture, or simply enjoy hemp-derived THC beverages in Illinois, the clock may be ticking faster than you think.
On May 20, 2026, Rep. Will Guzzardi, joined by Justin Slaughter, Bob Morgan, Kevin John Olickal, Lisa Davis,
Maine Forced Tito’s Into a State Warehouse — Then Taxed It for Being There
The Maine Supreme Judicial Court’s decision in State Tax Assessor v. Fifth Generation, Inc., 2026 ME 30, should get the attention of beer, wine, and spirits manufacturers, importers, and distributors. The case involved Fifth Generation, Inc., the Texas-based S
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 need a new weather report.
On May 18, 2026, the
Sixth Circuit Affirms Dismissal in Kentucky Bourbon “First Black-Owned Distillery” Fight — and the Lanham Act Lesson Is a Good One
Every once in a while competing alcohol brands get into a dispute over advertising that turns into a useful lesson about how far “first” claims can go before they become actionable false advertising. We have been following one of those
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 system. Wholesalers say accountability, inspection, tax collection, underage drinking, orderly
A Barber Pole, A Cocktail Bar, and a Bad First Amendment Result: Why the Osteria Segreto Decision Gets The Barber Shop Blackstone Wrong
A bar called “The Barber Shop” should not need a barber license.
That ought to be the easy part.
And yet, in Osteria Segreto, LLC v. Hilgers, a Nebraska federal court denied a preliminary injunction sought by an Omaha