Wal-Mart’s victory in Texas Retail Case Heading to the 5th Circuit

The retailers in the Wal-Mart litigation have appealed Judge Pittman’s decision to the 5th Circuit.   Wal-Mart has cross appealed the portions of the dormant Commerce Clause claims they were unsuccessful in pursuing so both Equal Protection and dormant Commerce Clause issues will be before the 5th Circuit on appeal.   Briefing by the parties are due by the…Read More

Minnesota’s 51% Grape Law Heading to 8th Circuit

The winery that lost the challenge to Minnesota’s grape law has filed an appeal to the 8th Circuit.  Briefing has been done and amicus briefs have been filed by local cider makers and the Institute of Justice.   The State’s brief has concentrated on the standing challenges that the district court found persuasive.  A date for oral argument…Read More

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

United States Supreme Court Rules for State in High Profile Remote Sales Tax Case

In a 5-4 decision, the United States Supreme Court ruled for the state of South Dakota against a challenge brought by online/remote retailers.   The decision in South Dakota v. Wayfair, et al reverses a decision by the South Dakota Supreme Court.   The opinion overturns the Court’s earlier opinions from 1992 in Quill and 1967 in Bella Hess…Read More