Archives for 2020

Oral Argument Held By Telephone Before 7th Circuit on E.F. Transit Preemption Challenge to Indiana Prohibited Interest Law

Due to COVID-19 a panel of the Seventh Circuit held oral arguments by telephone on the latest round of the E.F. Transit/Spirited Sales/ Monarch Beverage challenges to Indiana laws prohibiting wholesalers from being in wine, beer and liquor.  This case was under the E.F. Transit banner claims of preemption of Indiana laws due to their…Read More

Wine Retailers File Paperwork Indicating They Will Appeal Their Loss in Mississippi to the United States Supreme Court

The Defendant/Appellant wine retailers have filed a motion with the Mississippi Supreme Court to stay the Writ of Mandate from the recent ruling against them while they file certiorari to the United States Supreme Court.  The Mandate was due to be issued March 18, 2020. In their motion they note they will shortly file an…Read More

Oral Argument Held on Dormant Commerce Clause Challenge to Michigan Retailer Shipping Law

The 6th Circuit met in Cincinnati to hear oral arguments on the challenge to Michigan’s retail shipping laws. The judges for this panel were Circuit Judges Bernice Donald, David McKeague, and Jeffrey Sutton. Predicting who won oral arguments is inevitably a fool’s errand and I won’t offer a prediction here.  The Judges asked tough questions…Read More

Briefing Complete for Total Wine’s Supreme Court Petition from 2nd Circuit Defeat on Antitrust Challenge to Connecticut Pricing Laws

Although the Supreme Court has temporarily stopped hearing oral arguments from cases it has granted and has stopped public visitors from visiting the court, its work continues.   Recently, Total Wine has filed its Reply Brief for its petition for writ of certiorari. The Reply Brief seeks to draw sharp contrast between Total Wine’s claims and…Read More

Court Dismisses Out of State Importer Challenge to California’s Three Tier Requirements

Chief Judge Mueller of the Eastern District of California dismissed the third amended complaint filed by a Florida wine importer against California.  The plaintiffs contended that out-of-state businesses, such as Orion Wine Imports, should be permitted to bypass California’s preferred method of regulating alcoholic beverages and sell directly to California retailers.  The plaintiffs said that…Read More