Indiana and Three Different Amici File in Support of Indiana Prohibited Interest Law Against Federal Preemption Claim

Recently the state of Indiana filed its brief in response to the E.F. Transit appeal to the 7th Circuit.  They were joined last week by three amicus briefs. The appellant claims that the Federal Aviation Administration Act (FAAA) preempts Indiana alcohol laws that impact the business model set up by E.F. Transit.  The state and…Read More

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

Tennessee Retailers’ Supreme Court Case Has A New Respondent

The pending Supreme Court case on the Tennessee retail residency law is now on its third named state defendant.  Sorry Clayton Byrd and now Zachary Blair, your name is off the case caption.  Congratulations to Russell F. Thomas who is the new Executor Director of the Tennessee Alcohol Beverage Control and because of that title…Read More