2nd Circuit Rejects Total Wine’s Request for En Banc Review of Their Challenge to Connecticut Pricing Laws

The Second Circuit denied Total Wine’s request for a full en banc review of their unsuccessful challenge to certain parts of the Connecticut alcohol pricing laws.    However, four of the eleven judges signed onto a dissent from the denial of rehearing en banc filed by Judge Sullivan.  Judge Sullivan’s opinion makes it clear that…Read More

8th Circuit to Hold Oral Arguments on First Amendment Challenges to Missouri Tied House Law and Advertising Regulations On September 26

The 8th Circuit is scheduled to hear oral arguments on the state’s appeal of the district court decision in the Missouri Broadcaster Association case on September 26 in St. Louis.   We will try to post a recap after oral argument  or a link to the transcript. (previous post) Waiting for Oral Argument at 8th Circuit…Read More

Walmart Seeks Full 5th Circuit En Banc Review of Texas Corporate Ownership Ban, Package Stores Seek Rehearing From Panel

Walmart has filed a request to have the entire 5th Circuit hear their challenge to the Texas law banning publicly traded corporations from selling liquor.    Walmart’s en banc petition claims that the panel at the 5th Circuit undercut the recent Supreme Court’s Tennessee Wine and Spirits Retailer Association v. Thomas case and committed errors in…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

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