United States First Circuit

In an action by the plaintiffs, a group of California winemakers and Massachusetts residents, challenging Mass. Gen. Laws ch. 138 which establishes differential methods by which wineries distribute wines in Massachusetts, district court's grant of injunctive relief is affirmed where: 1) section 19F violates the Commerce Clause because the effect of its particular gallonage cap is to change the competitive balance between in-state and out-of-state wineries in a way that benefits Massachusetts's wineries and significantly burdens out-of-state competitors; 2) the statutory context, legislative history, and other factors also yield the unavoidable conclusion that this discrimination was purposeful; and 3) the Twenty-first Amendment cannot save section 19F from invalidation under the Commerce Clause.

Appellate Information

• Decided 01/14/2010
• Published 01/14/2010

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, STAHL, Circuit Judge, and DiCLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David Hadas, Assistant Attorney General, with whom Martha Coakley, Attorney General of the State of Massachusetts, and Thomas A. Barnico, Assistant Attorney General, were on brief for the appellants., Michael D. Madigan, with whom Stephen M. Diamond and Madigan, Dahl & Harlan, P.A., were on brief for the National Beer Wholesalers Association, amicus curiae., Lisa Hibner Tavani, Deputy Attorney General, with whom Anne Milgram, Attorney General of the State of New Jersey, and Lorinda Lasus, Deputy Attorney General were on brief for the states of New Jersey, Ohio, Rhode Island, Utah, and Wyoming, amici curiae., Evan T. Lawson, with whom Michael Williams, Lawson & Weitzen, LLP, and Louis A. Cassis were on brief for Wine & Spirits Wholesalers of Massachusetts, Inc., Wine & Spirits Wholesalers of America, Inc., American Beverage Licensees, and Sazerac Company, amici curiae., Bruce L. Hay for Wine Institute, WineAmerica, Oregon Winegrowers Association, Virginia Wineries Association, Washington Wine Institute, Madera Vintners Association, Monterey County Vintners and Growers Association, and Napa Valley Vintners, amici curiae.


• For Appellees:
  
• Tracy K. Genesen, with whom Kenneth W. Starr, Micah C.E. Osgood, Gerald J. Caruso, Susan E. Engel, and Elizabeth M. Locke were on brief for the appellees.