Important Oral Arguments Held in 5th Circuit Retailer Direct Shipping Matter

Last week in New Orleans the 5th Circuit held oral arguments on the case Siesta Village v.  Perry.  Recall this is one of the three challenges to state laws that require sales to consumers go through licensed in-state retailers.

The 2nd Circuit held oral arguments in the similar New York case in January and there is discussion about whether the 6th Circuit case will be appealed given the legislative changes to Michigan’s challenged codes.

It is always hard to predict who won and who lost during oral arguments so judge for yourself

Amicus briefs filed by state AGs and NBWA  and others in support of Texas are attached for your review.

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