Appeals Court Denies Total Wine Rehearing, But Judge Calls that a “Missed Opportunity”

Dear Client:Total Wine & More certainly stays busy in the court system. On Friday, the Second Circuit refused Total Wine's request for an en banc review. Interestingly, several Second Circuit judges think that's the wrong move.  BACKGROUND. Total Wine filed a federal lawsuit against Connecticut in 2016, alleging the state's practice of setting minimum prices for wine and spirits is "price fixing" and has created "artificially high price levels" [see WSD 08-24-2016]. Total Wine targeted three provisions it said violated the