Briefing Possibly Complete in 7th Circuit on Preemption Claim Against Indiana

E.F. Transit filed its reply brief for their appeal to the 7th Circuit.  They draw a bright line and essentially claim Congress expressly preempted state alcohol regulation and that speculative state interests in tied house laws are insufficient to overcome the “powerful” federal interest in deregulating the trucking industry.  They maintain that if a state…Read More

Waiting for Oral Argument at 8th Circuit in Missouri Broadcasters Association

No oral argument date has been set for the Missouri Broadcasters First Amendment Case against Missouri tied house laws and advertising regulations.   In the meantime the plaintiff’s have filed two separate briefs trying to strike the good brief of the Missouri Solicitor General’s office claiming they are trying to bring facts outside the record into…Read More

United States Supreme Court Upholds 6th Circuit and Strikes Tennessee’s Retail Residency Case

Reinforcing the law school adage of “bad facts make bad law,” the U.S. Supreme Court upheld the 6th Circuit decision that struck down Tennessee state law that imposes a durational residency requirement for establishing and renewing a retail liquor license. Justice Alito wrote the majority opinion in the 7-2 decision, while Justice Gorsuch authored the…Read More

Recent Deaths in Dominican Republic Underscore the Need to Maintain a Strong, Closed Alcohol Regulation and Distribution System

The news this month has been filled with news reports of the tragic deaths of 11 Americans while vacationing in the Dominican Republic.   Much of the media attention on these deaths have centered on the possible consumption of poisonous/tainted alcohol by the victims.  While more study is being done and the FBI is now involved,…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