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

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

5th Circuit Denies One More Attempt at a Rehearing in Walmart/Texas Liquor Licensing Case.

In what I would expect to be the last briefing before them, the 5th Circuit denied En Banc review for this matter after a holiday filing from Walmart asking for rehearing En Banc.  (There is nothing on PACER for this December 27th motion filed by Walmart.) The 5th Circuit denied the rehearing with a form…Read More

Briefing Complete in 8th Circuit Retailer Shipping Case Challenging Missouri Law

Since the June ruling by the Supreme Court in Tennessee Wine Retailers Association there have been a few other judicial developments that this website has covered such as newly filed lawsuits, a 5th Circuit win by Texas and a victory by California against a challenge by an out of state importer. One of the other…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