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

New Law Review Article Offers Comprehensive Overview of 21st Amendment and the Commerce Clause

A large number of law review articles addressing the 21st Amendment take a very narrow view of the amendment as part of on going policy fights related to alcohol regulation.  So, it is refreshing to see a new law review article that gives a more balanced history on the interaction between the 21st Amendment and…Read More

New Study Measures Effectiveness of Various State Alcohol Polices on Preventing Adult Binge Drinking

A new study has been published comparing certain state alcohol polices and ranking their effectiveness in fighting adult binge drinking. The study published in the American Journal of Preventative Medicine, “A New Scale of the U.S. Alcohol Policy Environment and Its Relationship to Binge Drinking” seeks to develop a scale, the Alcohol Policy Scale (APS),…Read More

Second Circuit Holds Oral Argument on Antitrust Challenge to Connecticut Liquor Laws

On February 1, 2018, the 2nd Circuit held oral argument on the appeal by Connecticut Fine Wine and Spirits (Total Wine).   The argument was scheduled for 24 minutes but was extended due to the court’s questioning and interest in the case.  Total Wine has argued that the laws on price posting, price hold, price discrimination, and minimum…Read More