United States Supreme Court Denies Certiorari for Monster’s Appeal of Loss in 9th Circuit Related to Failure to Disclose Conflict in Arbitration Dispute

The Supreme Court has denied certiorari in the appeal by Monster Energy from its loss at the Ninth Circuit related to failure to disclose possible arbitration conflicts. Monster had filed this appeal to the Supreme Court.  It was joined by an amicus brief filed by the arbitration company JAMS.   The case was considered by the…Read More

Appellate Brief Filed in 9th Circuit for Out of State Importer Challenge to California Presence Law

Plaintiff Orion Imports, LLC and Peter Creighton have filed their brief and supporting record as they seek to overturn the dismissal of their Third Amended Complaint at the district court level.  The district court had previously dismissed a previous complaint. Although the underlying complaint is a dormant Commerce Clause challenge to California law, the appellants…Read More

Total Wine Wins Injunction in Indiana District Court on Residency Challenge

Recently, the Indiana District Court for the Southern District of Indiana issued a preliminary injunction in support of Total Wine’s Complaint against  Indiana’s residency statute that requires 60% ownership by 5 year Indiana residents in order to hold a package store permit.   Previously, the Indiana ATC had denied the application based on the residency statute…Read More

Additional Retailer Shipping Lawsuit Filed in Rhode Island

I neglected to cover another federal lawsuit by Mssr. Tanford & Epstein filed late in 2019.   They have filed a dormant Commerce Clause challenge to Rhode Island law related to retailer shipping claiming laws that allow local retailers to deliver but not out of state retailers is a violation of the Constitution.  Their complaint can…Read More

Illinois State Court Issues Strong Ruling for the Illinois Beer Industry Fair Dealing Act

Illinois Circuit Court Judge Dorothy French Mallen conducted a five-week trial in a dispute from the litigious Shelton Brothers and their attempt to void distribution deals in the state of Illinois.  This case has a long history and originally started with a claim by Shelton Brothers against a distributor it sought to terminate seven years…Read More