Total Wine requests 2nd Circuit en banc hearing in antitrust case over State’s post and hold and pricing alcohol laws

Total Wine (Connecticut Fine Wine & Spirits) brought a request to have their recent antitrust loss challenging Connecticut’s post and hold pricing regimes for alcoholic beverages reheard by the an en banc panel (all the judges) of the Second Circuit. You can read the request for the full hearing here.

The request argues that the Supreme Court’s precedent favors Total Wine and that the 2nd Circuit precedent relied upon by the three-judge panel in upholding the district court, Battipaglia v. NYSLA, needs to be overturned.

The request is important because, as we reported when we wrote about the case, a large justification for the ruling appeared to be stare decisis – with the panel deciding the case doing the legal equivalent of ¯\_(ツ)_/¯ in saying they’re bound precedent. You can read our post on the case here (link). An en banc hearing would allow the entire 2nd Circuit to hear the case and, presumably, make a decision that could differentiate or overturn the precedent. Given that the case presents an apparent circuit split, an unfavorable decision for Total wine at an en banc hearing could be the first step to an alcohol case in the Supreme Court’s next term.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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