Oral Arguments Held Before Mississippi Supreme Court on Illegal Sales of Alcohol.

Oral argument was held by the Mississippi Supreme Court on January, 15, 2020, in the matter of Lynn Fitch, Attorney General of the State of Mississippi, ex rel., the State of Mississippi and Commissioner of Revenue Herb Frierson and Mississippi Department of Revenue v. Wine Express Inc., Bottle Deals Inc. and Gold Medal Wine Club. …Read More

Southern Wine & Spirits Files In Support of Total Wine Supreme Court Petition

The nation’s largest alcohol wholesaler joined with the nation’s largest independent alcohol retailer asking the Supreme Court to use the federal antitrust laws to throw out the Connecticut alcohol pricing laws that, among other goals,  protect competition. In its brief urging the Supreme Court to take this case, Southern Wine and Spirits notes that it…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 for 6th Circuit in Challenge to Michigan Retail Shipping Laws

Briefing is complete in the 6th Circuit and the parties will await oral argument scheduling by the court presumably in the first quarter of 2020. Recall the district court struck Michigan’s law related to out of state retailer sales as a violation of the dormant commerce clause. The state of Michigan has filed its reply…Read More