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

Supreme Court Sets Oral Argument in the Tennessee Retailers case for January 16, 2019

January 16, 2019 at 11:00 AM EST the Supreme Court of the United States will hear oral argument on the Tennessee Retailers Association matter.  The Court announced this with their release of the January calendar.   (previous post)Fourteen Briefs Filed in Support of Tennessee Wine and Spirits Retailers Association’s Appeal to the Supreme Court Petitioner…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

Briefs Filed With 8th Circuit Urge Support of Missouri Tied House Law and Advertising Regulations

The State of Missouri has filed its brief and addendum appealing the district court decision to strike down one Missouri tied house law and two alcohol advertising regulations.  In a very strong 72 page brief the state outlined the many errors of the district court opinion.  The district court’s erroneous reliance on an overturned 9th Circuit opinion…Read More

Court Review of ABI-SABMiller Merger Complete, Judge Signs Modified Final Judgment

United States District Court Judge Emmet Sullivan ended the two-year journey for approval of the ABI-SABMiller merger by signing the Modified Final Judgment. Judge Sullivan had this case as part of the Tunney Act review of this merger. The Tunney Act process is designed to give judicial oversight of antitrust merger decisions and settlements. As…Read More