Court hears appeal on Mass. wine shipment law
Court Alerts
Gerald Leader loves California wines but lives in Massachusetts, where state law sharply limits the ability of out-of-state wineries to ship their products directly to consumers.
"I can't go directly to wineries in Napa and Sonoma," said Leader, a retired Boston University professor, who, along with a group of like-minded people, are suing to have the restriction lifted.
On Monday, the 1st U.S. Circuit Court of Appeals in Boston is scheduled to hear arguments on the law that for years has been fermenting opposition from out-of-state wine producers, as well as connoisseurs like Leader who would prefer to order their bottles through the Internet or mail order.
Despite a 2005 Supreme Court ruling that opened the door wider to interstate wine shipments, restrictions remain in more than a dozen states. Attorneys say the outcome of the case in Massachusetts could influence others.
"It's an example of a protectionist law that violates the commerce clause of the U.S. Constitution," said Tracy Genesen, who will argue the case on behalf of Sacramento, Calif.-based Family Winemakers of California, which represents about 650 producers that claim they have essentially been frozen out of the Massachusetts market.
According to Free the Grapes, a coalition of wine producers, retailers and consumers, Alabama, Arkansas, Delaware, Maryland, Montana, New Jersey, Oklahoma, Pennsylvania, South Dakota and Utah prohibit wineries from shipping directly to consumers while Arizona, Kentucky, Ohio along with Massachusetts restrict shipments by companies that produce over a certain amount of wine.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.