Untangling the complex world of wine direct shipping and compliance

Posts from the Washington Category

Costco Asks Court of Appeals to Think Again

By R. Corbin Houchins, Beverage Industry Counsel

On February 19, 2008, Costco Wholesale filed a petition for rehearing in the Ninth Circuit Court of Appeals, asking the original panel to reconsider a three-judge panel’s decision of January 29th, which upheld the ruling of a federal district court in Seattle that Washington’s price posting requirement is invalid under federal antitrust law, but reinstated [...]

February 21st, 2008

Dulling the Cutting Edge

By R. Corbin Houchins, Beverage Industry Counsel

Yesterday’s decision of the Ninth Circuit Court of Appeals rejected almost everything about the trial court’s decision in Costco Wholesale Corp. v. Hoen that was innovative under federal antitrust law, turning the case into an expression of conservative deference to state law. Appellate judges did not even throw Costco the scrap of a favorable word [...]

January 30th, 2008

A setback for Costco

By Jeff Carroll - VP of Compliance, ShipCompliant

A three-judge panel of the United States Court of Appeals for the Ninth Circuit ruled yesterday in the case of Costco Wholesale Corp. v. Hoen. The panel largely reversed the April, 2006 decision that declared much of Washington’s three-tier system to be unconstitutional. Although the court did agree with Costco that the “post and hold” [...]

January 30th, 2008

Tea Leaves & One Fact

By R. Corbin Houchins Beverage Industry Counsel

Some historians say the origin of foretelling the future from tea leaves is an ancient Greek practice of reading wine sediment patterns in the drinking vessels. Wine-related or not, the lawyer’s pastime of seeking clues to future judicial decisions from what judges say during oral argument is about equally reliable. Nonetheless, it’s difficult to resist [...]

March 18th, 2007

Tea Leaves & One Fact

By R. Corbin Houchins, Beverage Industry Counsel

Some historians say the origin of foretelling the future from tea leaves is an ancient Greek practice of reading wine sediment patterns in the drinking vessels. Wine-related or not, the lawyer’s pastime of seeking clues to future judicial decisions from what judges say during oral argument is about equally reliable. Nonetheless, it’s difficult to resist [...]

March 18th, 2007