Florida Retailer Asks Supreme Court to Review Adverse 8th Circuit Decision Upholding Missouri’s Retail Shipping Laws

The Florida retailer who lost their attempt to get shipping rights in Missouri at the district court and 8th Circuit has filed a writ of certiorari with the United States Supreme Court asking them to take up the case and reverse the 8th Circuit. The plaintiffs argue that the 8th Circuit misapplied previous Supreme Court…Read More

Wal-Mart Ends Federal Lawsuit Challenge to Texas Liquor Laws

The long running attempts by Wal-Mart to challenge Texas state alcohol laws via the federal court system are at an end. Recall that 5th Circuit had upheld the Texas laws and Wal-Mart appealed that to the United States Supreme Court.   Earlier this year, the Supreme Court denied this request to hear the appeal so the…Read More

The United States Supreme Court Denies Total Wine’s Request for Certiorari on Challenge to Connecticut’s Alcohol Pricing Regulations

The Supreme Court issued orders this morning from its recent conference and has denied a review of the 2nd Circuit’s decision upholding Connecticut’s alcohol pricing regulations from attack by Total Wine.   This resolves the most high profile antitrust challenge to state alcohol laws currently in the court system. The Supreme Court’s order can be found…Read More

8th Circuit Upholds Striking Of Missouri Tied House Law and Advertising Regulation as Violation of First Amendment

In a relatively short decision, the 8th Circuit upheld the district court decision striking a Missouri statute and two regulations related to advertising the prices of alcohol. The fourteen page opinion was written by Circuit Judge Jane Kelly.  She agreed with the district court that the state of Missouri had not proven its case for…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