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

Briefing Complete in 8th Circuit Retailer Shipping Case Challenging Missouri Law

Since the June ruling by the Supreme Court in Tennessee Wine Retailers Association there have been a few other judicial developments that this website has covered such as newly filed lawsuits, a 5th Circuit win by Texas and a victory by California against a challenge by an out of state importer. One of the other…Read More

8th Circuit Finds Standing, Sends Minnesota Wine Grape Law Back to District Court

I blogged about waiting for the 8th Circuit’s decision last week and now they have ruled this week.  The 8th Circuit reversed the district court’s decision not to find standing in the challenge to the law requiring 51% of the grapes to be from Minnesota to qualify for one of two licenses.   They did not…Read More