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5th Circuit Rules Against Out-of-State Retailers

Dear Client:The 5th Circuit Court of Appeals issued a decision today that settles a confusing lower court ruling on the issue of out-of-state retailers shipping direct to consumers in Texas.BACKGROUND. As you’ll recall, a Texas District Court judge ruled that the 2005 Granholm v. Heald Supreme Court decision applied as much to retailers as it did to wineries, meaning a state may not allow in-state retailers to ship wine directly to consumers but ban out-of-state retailers from doing the same

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