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

Motion to Dismiss and Response Filed in Ohio Retailer Shipping Case

The state of Ohio has filed its Motion to Dismiss the retailer shipping case brought by an Illinois retailer seeking the right to ship to Ohio consumers.  It notes several defects in the complaint centered around standing and redressability. The Defendant’s response to the state’s motion predictably disagrees with the state’s view citing the rich…Read More

Maricopa County Superior Court Denies Injunction Against Bar Closures

Judge Pamela Gates of Maricopa County Superior Court denied the request of 100 bars to toss the emergency restrictions placed on bars. A copy of her ruling can be found here. There are helpful articles (1, 2) that summarize her 14 page opinion. At this stage she is denying the emergency relief and appears to…Read More

Supreme Court Asks Michigan to Respond to 6th Circuit Cert Petition

The Supreme Court has asked the state of Michigan and the intervening Michigan Beer and Wine Wholesalers Association to respond to the cert petition in the Lebamoff v. Michigan matter.    A response is due October 9. It is hard to read much into this news since it only takes one justice to request a…Read More

Minnesota District Court Strikes Law Requiring Minnesota Wine be Made From Minnesota Grapes

After a remand from the 8th Circuit, the district court in Minnesota struck the state law that provides advantages to wineries who made their wine primarily from Minnesota grapes.   The opinion by Judge Wilhelmina M. Wright on competing motions for summary judgement avoided discussion of the 21st Amendment and found strict scrutiny appropriate due to…Read More