JELOVSEK v. BREDESEN

Nos. 07-5443, 07-5524.

545 F.3d 431 (2008)

Frederick JELOVSEK (07-5443); S.L. Thomas Family Winery, Inc. dba Thomas Family Winery; Martin Reddish (07-5524), Plaintiffs-Appellants, v. Phil BREDESEN, in his official capacity as Governor of the State of Tennessee; Paul Summers, in his official capacity as Attorney General of the State of Tennessee; Shari Elks, in her official capacity as Executive Director, Tennessee Alcoholic Beverage Commission, Defendants-Appellees, Wine and Spirits Wholesalers Of Tennessee, Intervening Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 24, 2008.


Attorney(s) appearing for the Case

ARGUED: Sandra B. Jelovsek, Johnson City, Tennessee, James A. Tanford, Indiana University School of Law, Bloomington, Indiana, for Appellants. Lyndsay Fuller, Office of the Attorney General, Nashville, Tennessee, Andrew L. Colocotronis, Baker, Donelson, Bearman, Caldwell & Berkowitz, Knoxville, Tennessee, for Appellees. ON BRIEF: Sandra B. Jelovsek, Johnson City, Tennessee, James A. Tanford, Indiana University School of Law, Bloomington, Indiana, for Appellants. Lyndsay Fuller, Office of the Attorney General, Nashville, Tennessee, Andrew L. Colocotronis, Baker, Donelson, Bearman, Caldwell & Berkowitz, Knoxville, Tennessee, J. Forrest Hinton, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, Birmingham, Alabama, Michael A. Meyer, Tennessee Attorney General & Reporter, Nashville, Tennessee, Henry E. Hildebrand III, Lassiter Tidwell Davis Keller & Hogan PLLC, Nashville, Tennessee, for Appellees. Carter G. Phillips, Sidley Austin, Washington, D.C., for Amici Curiae.

Before: NORRIS, GIBBONS, and GRIFFIN, Circuit Judges.


OPINION

ALAN E. NORRIS, Circuit Judge.

These consolidated cases ask the question whether Tennessee laws governing the wine industry violate the dormant commerce clause of the Constitution. This is one of several lawsuits filed across the country after the Supreme Court invalidated wine-related laws in Michigan and New York which allowed only in-state wineries to sell and ship wine directly to consumers. Granholm v. Heald, 544 U.S. 460...

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