8th Circuit Reverses Win for Missouri on Alcohol Advertising

The 8th Circuit has ruled that a district court was wrong to grant a 12(b)(6) motion to dismiss brought by Missouri against a complaint by the Missouri Broadcasters Association. The District Court opinion is here. The Missouri Broadcasters brought a challenge to three provisions of the Missouri alcohol code. The challenged provisions were laws that prohibit…Read More

Oral Arguments Held In 9th Circuit Case

An 11 judge en banc panel of the 9th Circuit heard arguments on the Retail Digital Network appeal on January 19, 2017, in San Francisco.  The judges fired a series of questions to the attorneys for Retail Digital Network, the US Chamber and the California Attorney General’s office and speculation on the final outcome is a terribly…Read More

Idaho Court Rules Against Effort to Restrict 10 Barrel Brewpub in Idaho

A state district court ruled against the distributor challenge to the Idaho State Police’s interpretation of Idaho’s small brewer definition.  The Court noted the confusing language in the sections of Idaho code but concluded, “Whatever the legislature intended, it did not preclude an international giant in the industry from buying out the local competition of brewers…Read More

State Files Motion to Dismiss, Parties Seek to Intervene In Total Wine Anti trust Lawsuit in Connecticut

Four parties have sought court permission to intervene in the antitrust lawsuit filed by Connecticut Fine Wine and Spirits (Total Wine) in federal court in Connecticut.  The Wine & Spirits Wholesalers of Connecticut, Inc., the Connecticut Restaurant Association, the Connecticut Beer Wholesalers Association, and the Connecticut Package Stores Association have all weighed in with separate motions seeking…Read More

Indiana Retailer Challenges Illinois Law Banning Out of State Retailer Shipping

Professor Alex Tanford has returned to the alcohol litigation wars.  This time he and others are representing an Indiana retailer, owner and Illinois resident challenging laws in Illinois that permit Illinois residents to ship to consumers but prohibit out of state retailers.  In the Complaint, the plaintiffs seek to invalidate the Illinois laws on dormant Commerce Clause…Read More