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· 12/17/2010

Freeman v. Corzine

Citations

  • 629 F.3d 146
  • 2010 U.S. App. LEXIS 25694

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a plaintiff first has the burden of proving that the statute is discriminatory
  • holding in-state consumers’ inability to “drink [wines that] are not cattied by [in-state] resellers” constituted Article III injury (quoting Bridenbaugh v. Freeman- Wilson, 227 F.3d 848, 849 (7th Cir. 2000)); Gen. Motors Corp. v. Tracy, 519 U.S. 278, 286 (1997
  • finding standing satisfied in dormant Commerce Clause context because the regulation at issue directly affected the Plaintiffs’ ability to participate in commerce
  • The dormant Commerce Clause “prohibits a state from impeding free market forces to shield in- state businesses from out-of-state competition.”
  • “[T]he three-tier system itself is unquestionably legitimate, and . . . state policies are protected under the Twenty-first Amendment when they treat liquor produced out of state the same as its domestic equivalent.”
  • Once the plaintiff shows that the state law is discriminatory, the state “must demonstrate[:] (1) that the statute serves a legitimate local interest, and (2) that this purpose could not be served as well by available nondiscriminatory means.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKee, Hardiman, Pollak

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.