Statutory Interpretation – Wisconsin’s Butter-grading Requirement

By: Derek Hawkins//October 17, 2018//

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7^th Circuit Court of Appeals

Case Name: Minerva Dairy, Inc., et al. v. Sheila Harsdorf, et al.

Case No.: 18-1520

Officials: FLAUM, MANION, and ROVNER, Circuit Judges.

Focus: Statutory Interpretation – Wisconsin’s Butter-grading Requirement

Minerva Dairy is an Ohio‐based, family‐owned dairy company that produces, among other products, Amish‐style butters in small, slow‐churned batches using fresh milk supplied by pasture‐raised cows. Minerva challenges Wisconsin’s butter‐grading requirement as a violation of the Due Process Clause, the Equal Protection Clause, and the dormant Commerce Clause. The district court granted summary judgment to the state defendants, holding that the Wisconsin statute is rationally related to the state’s legitimate interest in consumer protection and does not discriminate against out‐of‐state businesses. We agree with the district court’s analysis and, therefore, we affirm the judgment.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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