Responses Filed In Opposition to Wal-Mart’s Petition for Public Ownership of Liquor Stores

The State of Texas and the Intervenor Texas Package Stores Association have filed their briefs in opposition to the attempt by Wal-Mart to have the Supreme Court consider their appeal from the 5th Circuit. The Texas brief notes many defects in this appeal.  It notes that it is premature, is a form of interlocutory appeal…Read More

Oral Argument in 8th Circuit’s Retailer Dormant Commerce Clause Matter Set for September 24

Oral argument before the 8th Circuit on the Sarasota Market lawsuit against Missouri for not allowing out of state retailer delivery has been set for September 24.  This hearing will be held virtually.  This is a week before the United States Supreme Court will meet to consider a similar case out of the 6th Circuit…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