Walmart Files its Principal and Reply Brief With 5th Circuit

Walmart filed a comprehensive 81 page brief with the 5th Circuit as its principal and cross-appeal brief as well as a reply brief to the briefs of the state, package stores and amici. To recap the Questions Presented on appeal are: 1) Did the District Court correctly hold that Texas’s law forbidding “public corporations” from obtaining a package store permit…Read More

Briefs Filed With 8th Circuit Urge Support of Missouri Tied House Law and Advertising Regulations

The State of Missouri has filed its brief and addendum appealing the district court decision to strike down one Missouri tied house law and two alcohol advertising regulations.  In a very strong 72 page brief the state outlined the many errors of the district court opinion.  The district court’s erroneous reliance on an overturned 9th Circuit opinion…Read More

Court Review of ABI-SABMiller Merger Complete, Judge Signs Modified Final Judgment

United States District Court Judge Emmet Sullivan ended the two-year journey for approval of the ABI-SABMiller merger by signing the Modified Final Judgment. Judge Sullivan had this case as part of the Tunney Act review of this merger. The Tunney Act process is designed to give judicial oversight of antitrust merger decisions and settlements. As…Read More

Michigan Court Enters Stay of Retail Shipping Order Pending Supreme Court Review of TN Case

Because of the pending Supreme Court review of the Byrd v. TN Retailers Association matter, Judge Tarnow granted the state of Michigan’s motion and has issued a stay of his injunction against the Michigan retail shipping law.   In acknowledging the pending Supreme Court matter, the judge noted: “The Court is aware that legislative efforts to bring…Read More

Supreme Court Grants Cert in Tennessee Retailers Case

The Supreme Court will hear the appeal of the Tennessee Retailers Association.  On September 27, 2018 the court granted the petition filed earlier this summer.   The question presented to the court is “Whether the Twenty-first Amendment empowers States, consistent with the dormant Commerce Clause, to regulate liquor sales by granting retail or wholesale licenses only to individuals or…Read More