ASK THE AG

[Coyote33]

Wasn't there some case about out of state (internet) wine sales? Didn't they try to stop it and lose? Or did they win? I remember something about it being the exact same thing with guns, but the AG treats it differently.

 

[jdubois]

Wasn't there some case about out of state (internet) wine sales? Didn't they try to stop it and lose? Or did they win?

As I recall it, they banned the practice, were overruled by the SCOTUS, and then snuck the ban back in by some loophole by not allowing shipments from anything but tiny little vinyards, and made the rules confusing enough that, similar to the ammo situation, most mail-order places won't ship to MA because they don't want to bother.

 

[NFD9]

As I recall it, they banned the practice, were overruled by the SCOTUS, and then snuck the ban back in by some loophole by not allowing shipments from anything but tiny little vinyards.

Kind of like how they snuck the seat belt law back in after it was voted out. The polatitions in this state have got some big balls, don't they. They do what they want.

 

[dwarven1]

Kind of like how they snuck the seat belt law back in after it was voted out. The polatitions in this state have got some big balls, don't they. They do what they want.

They do what they want because the sheeple keep voting the G-ddamned legistraitors BACK INTO OFFICE!!!!

 

[Ripach]

They do what they want because the sheeple keep voting the G-ddamned legistraitors BACK INTO OFFICE!!!!

+1, 1 rep point to the Dwarven1. We need to realize that the only place to hurt them is at the voting booth, and there are entirely too many sheeple in this state for that to happen.

 

[RKG]

Wasn't there some case about out of state (internet) wine sales? Didn't they try to stop it and lose? Or did they win? I remember something about it being the exact same thing with guns, but the AG treats it differently.

I think you refer to

Cherry Hill Vineyard, LLC v. Baldacci, 505 F.3d 28 (1st Cir. 2007).

A little different, but in substance Maine required face-to-face sales of wine. Statute was upheld against commerce clause challenge.

 

[Executive]

I'm tired of reading the legaleze that is going no where.(

I'm actually fascinated by this discourse. The short banter that occured above has raised the collective literacy of this board by an order of magnitude. Choosing one's words carefully, concisely, and accurately makes for interesting and productive conversation. Thanks to Scriv and RKG for the interpretations. You may be surprised just how pervasive "legaleze" is in the modern world. My profession is based on the National Electrical Code. If you think legal arguments are esoteric, try a few pages of the NEC. I pride myself on my ability to read and understand that document, and always try to at minimum suggest the illusion that I have an educated opinion on stuff going on here on NES. You don't have to be a lawyer to be well spoken.

 

[pdm]

You don't have to be a lawyer to be well spoken. (no offense to the esteemed counsellors present)

Don't worry, I knew lots of lawyers-in-training who were one step up from poo-flinging monkeys.

 

[Rob Boudrie]

I think you refer to

Cherry Hill Vineyard, LLC v. Baldacci, 505 F.3d 28 (1st Cir. 2007).

A little different, but in substance Maine required face-to-face sales of wine. Statute was upheld against commerce clause challenge.

There was another case in NY involving mail order wine sales.

 

[the_doctor]

Correct, but am I not correct in my understanding that title to, and risk for, a product purchases in an FOB sale takes place at the point the merchandise is delivered to the common carrier? If this is indeed the case, how can such a sale "take place" in a location other than that at which title and ownership responsibility for the product transferred to the purchaser?

Typically people state FOB shipping point or FOB destination.

Title transfers at the delivery to the common carrier with FOB shipping point. This also handles the potential for economic loss in transit.

Bill

 

[tele_mark]

<SNIP>
poo-flinging monkeys.

What a great name for a punk band!

 

[Garys]

They do what they want because the sheeple keep voting the G-ddamned legistraitors BACK INTO OFFICE!!!!

Yep. Nothing will change until people stop taking the attitude that "All politicians are crooks, except for MY politician". Only a complete turnover of the House, Senate, and Corner Office will ever change anything.

 

[fubar]

Rep. Peterson of "Serial NUmbering Ammo" proposal fame , is all done. I signed a petition to put an Indy in the 3 way race for his seat. A guy I know named Mark Barry.

Doesn't mean I'll vote for him yet , but if he were to win I could actually call a guy I know at the state house. The whole concept of "representation by government" is a new one in this state for me .... interesting idea.

 

[bazfoo]

Don't worry, I knew lots of lawyers-in-training who were one step up from poo-flinging monkeys.

Maybe it's the beer, but damn that's funny!

 

[gene]

Rep. Peterson of "Serial NUmbering Ammo" proposal fame , is all done. I signed a petition to put an Indy in the 3 way race for his seat. A guy I know named Mark Barry.

Doesn't mean I'll vote for him yet , but if he were to win I could actually call a guy I know at the state house. The whole concept of "representation by government" is a new one in this state for me .... interesting idea.

Be carefull I helped Doug get into office about 17 years ago and he was my next door neighbor. They all change when they get into bacon hill!

 

[gene]

The only good thing is now he's out worring about agriculture like we have any in this part of the country anymore!

 

[gene]

Rep. Peterson of "Serial NUmbering Ammo" proposal fame , is all done. I signed a petition to put an Indy in the 3 way race for his seat. A guy I know named Mark Barry.

Doesn't mean I'll vote for him yet , but if he were to win I could actually call a guy I know at the state house. The whole concept of "representation by government" is a new one in this state for me .... interesting idea.

Being from Marblehead I know that name Barry but I don't remember from where (Real Estate?) The name sounds reeeeeeeal familiar from those days. It's a small old town and some names ring a bell and that one of them! The only thing I can say about Doug and from what I have learned is never allow a guy with a degree in social work into politics!

 

[RKG]

Don't worry, I knew lots of lawyers-in-training who were one step up from poo-flinging monkeys.

That's OK: I know some beyond that stage who weren't (aren't?) even one step up.

Neither is it true that all lawyers are dorques nor is it true than none are.

 

[gene]

That's OK: I know some beyond that stage who weren't (aren't?) even one step up.

Neither is it true that all lawyers are dorques nor is it true than none are.

Your right! Its just that so freeking many ARE and its like trying to buy the right tampon or pads for the wife. Light days, heavy days, Wings , no Wings, Extra this or that! A whole freekin aisle of that crap! Don't tell me the rest of you haven't been there either!

 

[gene]

That's OK: I know some beyond that stage who weren't (aren't?) even one step up.

Neither is it true that all lawyers are dorques nor is it true than none are.

Present company excluded!
Your point is accepted and acknowledged!

 

[billmelater]

That's OK: I know some beyond that stage who weren't (aren't?) even one step up.

Neither is it true that all lawyers are dorques nor is it true than none are.

Is that really how lawyers spell "dork?"

 

[pdm]

Is that really how lawyers spell "dork?"

Pronounced "dor-kay"

 

[RKG]

Is that really how lawyers spell "dork?"

Of course; how else do you know it is a lawyer speaking?

(Lawyers' Rule 12(b): "Never use a $2 word when a $10 word will do.")

 

[pdm]

Of course; how else do you know it is a lawyer speaking?

(Lawyers' Rule 12(b): "Never use a $2 word when a $10 word will do.")

"...and charge $12."

 

[RKG]

"...and charge $12."

And obviously pdm went to law school.

 

[pdm]

On advice of counsel, I refuse to answer that question.