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

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

Briefing Complete in Mississippi Supreme Court for Illegal Shipping Matter

The state of Mississippi filed its reply brief in their case against three out of state alcohol companies that shipped alcohol to minors, dry counties, and consumers in violation of Mississippi law. This brief rebuts arguments made by the alcohol companies and their amicus briefs about their claim of a  lack of jurisdiction over these…Read More