1. Home
  2. Browse Decisions
  3. F.Supp.2d
  4. 232 F.Supp.2d
  5. 232 F.Supp.2d 135 (2002)
 

SWEDENBURG v. KELLY

No. 00 Civ. 0778(RMB).

232 F.Supp.2d 135 (2002)

Juanita SWEDENBURG, in her own capacity and as Proprietor of Swedenburg Winery, a Virginia Partnership; David Lucas, in his own capacity and as Proprietor of the Lucas Winery, a California sole Proprietorship; Patrick Fitzgerald; Cortes DeRussy; and Robin Brooks Plaintiff, v. Edward F. KELLY, Chairman, and Lawrence J. Gedda and Joseph Zarriello, Commissioners, of the State Liquor Authority, Division of Alcoholic Beverage Control, State of New York, in their official capacities, Defendants, and Charmer Industries, Inc., Peerless Importers Inc., Eber Brothers Wine & Liquor Corp., Premier Beverage Company LLC, Metropolitan Package Store Association, Inc., Local 2d of the Allied Food and Commercial Workers International Union, and Dr. Calvin Butts Intervenor-Defendants.

United States District Court, S.D. New York.

November 12, 2002.

Attorney(s) appearing for the Case

Clint Botnick, Deborah Simpson, Institute for Justice, Washington, DC, Lance Goltko, Friedman Kaplan & Seiler, New York City, for plaintiff.

Bruce Brown, Office of Atty. Gen., Randy Masto, Gibson Dunn & Catcher, New York City, Howard Graft, Deborah Skakel, Baer Marks & Upham LLP, New York City, for defendants.

DECISION AND ORDER

BERMAN, District Judge.

I. Introduction

This case is one of a series of recent constitutional challenges to state alcoholic beverage control laws, particularly as they relate to the direct shipment of wine. What the cases all have in common is the relationship (and tension) between the Commerce Clause of the United States Constitution, which empowers Congress to regulate commerce among the several states, and the Twenty...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases