ALCOHOL LAW ADVISOR
ALCOHOL LAW ADVISOR
Regulatory and Distribution Law Updates for the Alcohol Industry
ALCOHOL LAW ADVISOR
Regulatory and Distribution Law Updates for the Alcohol Industry
Second Circuit
Subscribe to Second Circuit's Posts

2nd Circ. Tussle Distills Court Divide on Booze Laws

Sharp disagreements in the Second Circuit over whether a Connecticut liquor law runs afoul of antitrust law, recently exposed in a bitter dissent, highlight a circuit split that some experts predict will be taken up by the US Supreme Court. A three-judge panel upheld the law in February by batting down a retailer's challenge to three parts of Connecticut's liquor sales law, including a controversial "post and hold" provision that lets wholesalers match each other's prices. The panel rejected the retailers' claim that the provision forced wholesalers into illegal price-fixing deals. "There is a split, and it's an important area," said Raymond Jacobsen Jr., McDermott partner, backing the retailer's view that the "post and hold" requirement creates a clear state-sanctioned violation of the Sherman Act. He said he believes it's a question that will intrigue the justices. Access the full article. Originally published on Law360, September 2019.

Continue Reading

If the DEA Does Not Quickly Reexamine Marijuana’s Classification Under the Controlled Substance Act, the Second Circuit Might

“Plaintiffs claim that marijuana has extended their lives, cured seizures and made pain manageable. If true, these are no small things.” So wrote Judge Calabresi on behalf of the United States Court of Appeals for the Second Circuit (Second Circuit) in Washington, et al. v. Barr, et al. In Washington, a coalition of plaintiffs launched a broad attack on marijuana’s status as a Schedule I drug under the Controlled Substances Act (CSA). The plaintiffs include the parents of infants Alexis Bortell and Jagger Cotte. According to the plaintiffs’ allegations, Alexis Bortell suffers from chronic, intractable seizures, and Jagger Cotte suffers from Leigh’s disease, a progressive neurometabolic disorder characterized by necrotizing (dead or dying tissue) lesions on the brain. After exhausting traditional treatment options, the children found relief with medical marijuana. The plaintiffs also include Jose Belen, an Iraq war veteran who suffers from post-traumatic...

Continue Reading

STAY CONNECTED

TOPICS

ARCHIVES