Tennessee ABC, Mississippi Act on Out-of-State Wine Shippers

Tennessee ordered six companies to stop illegally shipping bev/al directly to Tennessee consumers.  Meanwhile, the Mississippi Supreme Court ruled Mississippi’s “long arm statute” applies to wine shippers.

In the Mississippi case, internet retailer defendants didn’t obtain the various permits needed to sell bev/al in Mississippi.  The court noted that the defendants attempted an end run around Mississippi law and the purposeful-availment due-process requirement by employing F.O.B. terms that customarily govern the shipper’s costs or loss from destruction or breakage during delivery. Were it that simple to defeat jurisdiction, almost no entity that engages in the interstate sale of goods and products would be amenable to suit outside of that entity’s principle state of business-regardless of their purposeful contact(s) with the other state.”

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