Untangling the complex world of wine direct shipping and compliance
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Posts from the Massachusetts Category

Huge win for wineries, but can I ship to Massachusetts now?

By Jeff Carroll - VP of Compliance, ShipCompliant

First Circuit affirms District Court decision On Thursday, January 14th, the United States Court of Appeals for the First Circuit affirmed the judgment of the District Court in the case of Family Winemakers of California v. Jenkins. The appellatte decision represents a major victory for wineries and may be the end of the case that [...]

January 17th, 2010

Massachusetts Still Question Mark for 30K-Gallon Wineries

By R. Corbin Houchins, Beverage Industry Counsel

On January 16, 2009, the state filed its notice of appeal in the 2006 Granholm-based federal suit, Family Winemakers of California v. Jenkins. The District Court had entered judgment on December 18, 2008, enjoining enforcement of a statute that prevents direct shipment by 30,000-gallon-or-more wineries that sell through Massachusetts wholesalers (a category exclusively out-of-state), while [...]

February 8th, 2009

Up and Running (So Far)

By R. Corbin Houchins, Beverage Industry Counsel

Happily for the plaintiffs, Judge Zobel’s final judgment in Family Winemakers of California v. Jenkins took the path that seemed most likely from the tone and content of her memorandum and order of 19 November 2008 and leveled up. The judgment entered 18 December 2008 orders the state “to permit wineries of all sizes to [...]

December 19th, 2008

A Battle Well-Picked and Well-Fought

By R. Corbin Houchins, Beverage Industry Counsel

David does best when he can choose the right Goliath. The Massachusetts volume cap on direct shipment, invalidated last week in Family Winemakers of Calif. v. Jenkins, was a good choice to challenge for at least three reasons. First, there was gold in the legislative record: a sponsor described the bill as “giving an inherent [...]

November 23rd, 2008

Family Winemakers Court Win is Big for the Industry

By Jeff Carroll - VP of Compliance, ShipCompliant

On November 19th, 2008, Judge Rya W. Zobel, in the case of Family Winemakers of California v. Jenkins, allowed the plaintiffs’ motion for summary judgment, concluding that Massachusetts General Laws chapter 138, section 19F: … has a discriminatory effect on interstate commerce because as a practical matter it prevents the direct shipment of 98% of [...]

November 20th, 2008