District Court Rules for Texas on One Count, Keeps Two Counts Alive in Wal-Mart Litigation.

United States District Judge Robert Pitman has ruled on the Motion to Dismiss filed by Texas in the Wal-Mart litigation challenging public ownership of liquor stores.  Judge Pitman granted the motion to dismiss the Privileges and Immunities claim by Wal-Mart because it only applies to persons, not corporations.  However, Judge Pitman did keep alive the Commerce…Read More

Kentucky Retail Challenge To Liquor Sales Dismissed With Prejudice – Over for Now

The long and winding trip of the Maxwell’s Pic Pac v. Dehner lawsuit seeking to expand liquor sales outlets is finally settled- at least for now.  The 90 days for plaintiffs to seek United States Supreme Court review has passed without an appeal. Judge Heyburn signed the order dismissing the matter with prejudice. The plaintiffs tried to  seek…Read More

Plaintiffs Seek Rehearing In 6th Circuit Wine/Liquor Fight

The plaintiffs have filed a petition with the 6th Circuit to rehear their Equal Protection challenge to get a court order to allow grocery and convenience stores to sell wine and liquor.  It its brief in support of rehearing the plaintiffs  state:”Rehearing or rehearing en banc is necessary because this matter raises an issue that is…Read More

State of Missouri Wins Challenge to State Alcohol Laws at 8th Circuit.

Today the 8th Circuit released its judgment and opinion in the Southern Wine and Spirits challenge to Missouri’s alcohol code.    In its opinion, the court upheld the decision of district court Judge Nanette K. Laughrey.   The 8th Circuit dismissed the Commerce Clause and Equal Protection challenges to Missouri law.   The 8th Circuit joins the 2nd, 4th…Read More

Oral Argument Held in 8th Circuit Challenge By Southern Wine & Spirits

Today the 8th Circuit held oral arguments on Southern Wine & Spirits appeal of the district court’s ruling in favor of Missouri regarding their wholesaler licensing law.   The history of the case and briefing is provided at length below.    Sitting on today’s panel were 8th Circuit Judges Colloton and Shepherd as well as Iowa District…Read More