Firm News

Congratulations to Wiggin and Dana’s lawyers, Robert M. Langer, Benjamin H. Diessel, and Tadhg Dooley, for their capstone victory on behalf of the Wine & Spirits Wholesalers of Connecticut, Inc. (“WSWC”) that spanned the District of Connecticut, Second Circuit, and United States Supreme Court.

In 2017, the District of Connecticut dismissed all claims against WSWC.  Last year, the Second Circuit affirmed that decision, holding that certain of Connecticut’s liquor pricing laws, i.e., its minimum retail price provisions, the statutory prohibition on price discrimination, and Connecticut’s “post and hold” provisions, are each constitutional, i.e., they are not preempted under the Supremacy Clause of the U.S. Constitution by Section 1 of the Sherman Act.

During the litigation, Wiggin and Dana LLP served as co-lead counsel with Blank Rome LLP lawyers, Deborah A. Skakel and Craig M. Flanders, on behalf of each of the Intervenors/Respondents, the Connecticut Package Stores Association, the Connecticut Beer Wholesalers Association, Inc., the Connecticut Restaurant Association, and Brescome Barton, Inc.

Last week, the U.S. Supreme Court declined to grant the petition for certiorari filed by the Petitioner, Connecticut Fine Wine and Spirits, LLC, dba Total Wine & More.  As a result, the Second Circuit’s decision remains the law, confirming the constitutionality of  Connecticut’s liquor pricing laws.  The case is captioned Connecticut Fine Wine and Spirits, LLC, dba Total Wine & More v. Michelle H. Seagull, Commissioner, Connecticut Department of Consumer Protection, No. 19-710 (U.S. Supreme Court).

Click the attachment below to read the brief in opposition to the petition for certiorari, and click here for the Second Circuit’s opinion.