Wal-Mart’s victory in Texas Retail Case Heading to the 5th Circuit

The retailers in the Wal-Mart litigation have appealed Judge Pittman’s decision to the 5th Circuit.   Wal-Mart has cross appealed the portions of the dormant Commerce Clause claims they were unsuccessful in pursuing so both Equal Protection and dormant Commerce Clause issues will be before the 5th Circuit on appeal.   Briefing by the parties are due by the…Read More

Amended Complaint Filed Against Missouri by Florida Retailer, Renewed Motion to Dismiss Filed by Missouri

Judge Autrey gave the plaintiffs the opportunity to amend their complaint which he had previously dismissed.   The plaintiff, Sarasota Wines, did in fact file an Amended Complaint.  In turn the state has filed a renewed motion to dismiss noting the Amended Complaint still contains fatal flaws.  The briefing by both parties on the state’s renewed…Read More

Missouri Appeals First Amendment Case to the 8th Circuit

The state of Missouri has appealed the district court decision to the 8th Circuit.  Their first brief will be due September 18th unless an extension is granted. (previous post) Missouri Alcohol Advertising Laws Struck Down After Trial While on vacation I neglected to post this update on the Missouri Broadcaster lawsuit against certain advertising laws in…Read More

DOJ Responds to Amicus Briefs in ABI-SABMiller Merger Review

  Although the DOJ filed its Complaint and proposed Consent Order in July 2016, the review of the ABI-SABMiller merger still has not completed its required Tunney Act review.  Yesterday, the Justice Department responded to the amicus briefs filed by the National Beer Wholesalers Association, Brewers Association, Yuengling, Teamsters, and Consumer Action and Consumer Watchdog and urged the court to…Read More

Iowa Court of Appeals Upholds Iowa Cross Tier Ownership Law

  The Iowa Court of Appeals has upheld a district court decision that upheld the decision of the Iowa Alcohol Beverages Division to deny a beer retail permit renewal due to a violation of the Iowa laws prohibiting ownership across the supplier, distributor and retailer tier. The opinion authored by Judge Vogel  dismissed the constitutional challenges…Read More