MFW Wine Co. v. Pa. LCB

On May 1, 2020, the Pennsylvania Commonwealth Court granted peremptory judgment in mandamus and summary declaratory relief in Petitioners’ favor and against the Pennsylvania Liquor Control Board (PLCB) because the PLCB failed to carry out the General Assembly’s directive to permit properly licensed companies to sell and deliver special orders directly to their customers without added handling fees. Petitioners subsequently filed an Application for Relief Seeking Damages, Costs, Interest and Attorneys’ Fees (Damages Application) from the PLCB. The two issues before an en banc panel of the Commonwealth Court were: (1) whether the PLCB is a “person” under Section 8303 of the Judicial Code; and (2) whether Petitioners may recover mandamus damages from the PLCB. The Court granted Petitioners’ Damages Application. However, the Court permitted the PLCB to undertake discovery and/or request a hearing limited to Petitioners’ damages and interest, and other parties’ attorneys’ fees.

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