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 Missouri.  After the 8th Circuit reversed and remanded for fact-finding, a Missouri district judge held a bench trial to examine these laws. On June 29th, the court ruled against the state of Missouri and struck down…Read More

Missouri District Court Dismisses Out of State Retailer Challenge to Missouri Alcohol Law

United States District Judge Henry Edward Autrey granted the state of Missouri’s Motion to Dismiss the complaint filed by a Florida wine retailer, a Missouri consumer, and a Florida wine “advisor” against the Missouri law that only allows Missouri retailers to deliver to consumers.   The Complaint alleged violations of the dormant Commerce Clause and the Privileges and Immunities…Read More

Wal-Mart Prevails In Challenge to Texas Retail Ownership Laws

United States District Judge Robert Pitman has ruled for Wal-Mart on its challenge to Texas retail ownership laws.  The Order rules for Wal-Mart on its dormant Commerce Clause challenge to the public corporation ban and rules for Wal-Mart on its Equal Protection Challenge to the “consanguinity” exception to the five store limit.   As a result Judge…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