Oral Argument Held In 5th Circuit for WalMart Challenge to Texas Liquor Laws

The Fifth Circuit held oral argument on April 29th on Walmart’s challenge to Texas liquor laws impacting the number of Walmart stores that can sell liquor.  The hearing was in New Orleans and held before Judges Davis, Haynes and Graves.  I did not attend this hearing so I am unable to offer any perspective on…Read More

Florida Retailer Seeks Appeal to 8th Circuit From Missouri District Court Loss on Direct Sales

As expected, the plaintiffs have filed their notice of appeal stemming from their loss at the Missouri district court where Judge Autrey noted there was no dormant commerce clause violation barring out of state retailers from selling to Missouri consumers.  Briefing will commence on this appeal this summer.  The United States Supreme Court will rule…Read More

Total Wine Seeks Full 2nd Circuit En Banc Review on Challenge to Connecticut Pricing Laws

Connecticut Fine Wine and Spirits d/b/a Total Wine & More is asking the full 2nd Circuit to hear and reverse the panel that recently upheld four Connecticut alcohol pricing laws against a Sherman Act challenge. In a comprehensive filing Connecticut Fine Wine and Spirits (CFWS) claims that the decisions of the district court and 2nd…Read More

7th Circuit Reverses and Remands Illinois Retail Shipping Matter

The 7th Circuit finally ruled on the retailer direct shipping case it has had before it for a year.  The 7th Circuit reversed the district court’s grant of the state’s motion to dismiss and remanded this case back to district court for additional fact-finding on the Plaintiff’s Equal Protection and dormant Commerce Clause challenges. I attended the oral…Read More

Briefs Filed With 8th Circuit Urge Support of Missouri Tied House Law and Advertising Regulations

The State of Missouri has filed its brief and addendum appealing the district court decision to strike down one Missouri tied house law and two alcohol advertising regulations.  In a very strong 72 page brief the state outlined the many errors of the district court opinion.  The district court’s erroneous reliance on an overturned 9th Circuit opinion…Read More