Oral Arguments Held at the Supreme Court in Tennessee Retailers Case

Oral arguments were held today at the United States Supreme Court.   A link to the transcript can be found here.  Ironically, today’s oral arguments were held exactly 100 years to the day after ratification of the 18th Amendment. There were tough questions asked of each side.  An interesting part of the argument was the discussion…Read More

Guest Column: 100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy

100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy On January 16, 2019 the United States Supreme Court will hear oral arguments in the case Tennessee Wine and Spirits Retailers Association v. Blair.   January 16th is a critical date in alcohol policy history because on…Read More

Indiana District Court Rejects Preemption Claim Against Indiana

Judge Richard Young of the Southern District of Indiana today granted the state of Indiana’s motion for Summary Judgment in the challenge by E.F. Transit to the state’s denial of E.F. Transit’s transportation services. This case has a long and tortured back story with a previous dismissal for being unripe being reversed by the 7th Circuit earlier…Read More

Final Briefing Filed in 5th Circuit on Walmart Challenge to Texas Laws on Liquor Sales

Amicus briefs in support of Walmart were recently filed by the Pacific Legal Foundation/ Retail Litigation Center and the Institute for Justice.   Final reply briefs by the Texas Package Store Association and the state of Texas were filed this week.   The 5th Circuit has several hundred pages of briefing to wade through as it resolves issues related to…Read More

Motion to Dismiss Out of State Wholesaler Challenge to California Wholesaler Law Scheduled for December 21, 2018

The Eastern District of California will hear the Motion to Dismiss filed by the state of California on December 21, 2018.   California wholesaler organizations weighed in with an amicus in support of the state and the plaintiff Orion Wine has filed a brief in opposition to the motion to dismiss. (previous post) Motions to Dismiss Out of…Read More