California Attorney General Moves Again to Dismiss Orion’s Amended Complaint

The California Attorney General has filed a motion to dismiss the Orion plaintiffs’ third amended complaint.  A link to the motion is here.  The case is noticed for hearing on November 22. The exasperated state once again moves to dismiss this complaint and notes that the amended complaint still doesn’t state a claim surviving a…Read More

9th Circuit Vacates Arbitration Award Relating to Monster Termination of Washington State Beer Distributor

The 9th Circuit Court of Appeals issued an opinion with important guidance to help preserve the integrity of the arbitration process.  The case arose out of a termination by Monster Energy Company (Monster) of a Washington distributorship owned by City Beverages, LLC (Olympic Eagle).  Olympic Eagle contended that the termination violated the Washington Franchise Investment…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