Phoenix Vintners, LLC v. Noble

The Supreme Court answered a question certified to it by the United States District Court for the District of Wyoming concerning the definition of “sell” or “sale” set forth in Wyo. Stat. Ann. 12-1-101(a)(xvi), holding that that the statutory definition of “sell” or “sale” applied to the conduct of Traveling Vineyard and its Independent Wine Guides (collectively, Appellants).Michaela Robinson was a Wyoming resident and an independent contractor for Traveling Vineyard, a Massachusetts LLC with three federal and state licensed, bonded wineries. Robinson was known as an Independent Wine Guide, who earned compensation for promoting products at in-home wine tastings. The Wyoming Department of Revenue, Liquor Division asserted that some aspects of Traveling Vineyard’s business model and some of its Independent Wine Guides’ activities were in conflict with Wyoming State Statutes, Title 12, Alcoholic Beverage Control Laws and Wyoming Liquor Division rules and policies. In response, Appellants sought a declaration that the Division improperly interpreted the definition of “sale” in section 12-1-101(a)(xvi) and applied it to them. The federal court certified to the Supreme Court a question of state law. The Supreme Court answered that the statutory definition of “sell” or “sale” applied to the conduct of Appellants. View "Phoenix Vintners, LLC v. Noble" on Justia Law