United States Supreme Court Denies Certiorari for Monster’s Appeal of Loss in 9th Circuit Related to Failure to Disclose Conflict in Arbitration Dispute

The Supreme Court has denied certiorari in the appeal by Monster Energy from its loss at the Ninth Circuit related to failure to disclose possible arbitration conflicts. Monster had filed this appeal to the Supreme Court.  It was joined by an amicus brief filed by the arbitration company JAMS.   The case was considered by the…Read More

Total Wine Wins Injunction in Indiana District Court on Residency Challenge

Recently, the Indiana District Court for the Southern District of Indiana issued a preliminary injunction in support of Total Wine’s Complaint against  Indiana’s residency statute that requires 60% ownership by 5 year Indiana residents in order to hold a package store permit.   Previously, the Indiana ATC had denied the application based on the residency statute…Read More

Additional Retailer Shipping Lawsuit Filed in Rhode Island

I neglected to cover another federal lawsuit by Mssr. Tanford & Epstein filed late in 2019.   They have filed a dormant Commerce Clause challenge to Rhode Island law related to retailer shipping claiming laws that allow local retailers to deliver but not out of state retailers is a violation of the Constitution.  Their complaint can…Read More

Illinois State Court Issues Strong Ruling for the Illinois Beer Industry Fair Dealing Act

Illinois Circuit Court Judge Dorothy French Mallen conducted a five-week trial in a dispute from the litigious Shelton Brothers and their attempt to void distribution deals in the state of Illinois.  This case has a long history and originally started with a claim by Shelton Brothers against a distributor it sought to terminate seven years…Read More

One Less Circuit Court Case Reviewing State Alcohol Laws – 10th Circuit Appeal Withdrawn

The Plaintiffs challenging Wyoming state alcohol laws in the 10th Circuit voluntarily withdrew their appeal ending their challenge. Phoenix Vineyards operated a form of “winery Tupperware party” where their representatives would visit houses and drum up support for their wines.  The state of Wyoming noted that this sounded very much like a sale requiring a…Read More