TFWS, Inc. v. Schaefer

2 Analyses of this case by attorneys

  1. Second Circuit Denies En Banc Review, Entrenches Circuit Split in Liquor Law Challenge

    Patterson Belknap Webb & Tyler LLPMelissa GinsbergOctober 4, 2019

    Similarly, in TFWS, Inc. v. Schaefer, the Fourth Circuit determined that analogous statutory provisions in Maryland are per se violations of the Sherman Act. 242 F.3d 198, 209-10 (4th Cir. 2001).This circuit split – with the Second Circuit on one side, and the Fourth and Ninth Circuits on the other – could prompt the Supreme Court to weigh in and resolve the issue in the near future.

  2. Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

    McDermott Will & EmeryMarch 6, 2019

    Both the Fourth and Ninth Circuits have heard cases involving state alcohol post-and-hold laws, and both held that the laws were preempted by the Sherman Act. See Costco Wholesale Corp. v. Maleng (9th Cir. 2008); TFWS, Inc. v. Schaefer (4th Cir. 2001). The Second Circuit’s holding may have created a circuit split, which may later require resolution from the Supreme Court.