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

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

Mississippi Case Not Heading to Supreme Court, Yet.

The time for an appeal to the United States Supreme Court has passed in the Wine Express matter in Mississippi state courts.  As such, this matter will return to lower courts for additional proceedings as a result of the Attorney General’s sting and enforcement actions against out of state retailers for illegally selling alcohol into…Read More

Oral Argument in 8th Circuit’s Retailer Dormant Commerce Clause Matter Set for September 24

Oral argument before the 8th Circuit on the Sarasota Market lawsuit against Missouri for not allowing out of state retailer delivery has been set for September 24.  This hearing will be held virtually.  This is a week before the United States Supreme Court will meet to consider a similar case out of the 6th Circuit…Read More