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Costco Lawsuit and Subsequent Appeal Documents

Attention: Manufacturers, Importers and Wholesalers
To review Changes in Price Filing Requirements Effective April 8, 2008 at 12:01 PDT , please visit this link.

 On Tuesday April 1, 2008, the Ninth Circuit Court of Appeals declined Costco’s request for a review of January 29, 2008 decision. The Court has mandated the LCB to replace the existing price post and hold system within approximately seven days.

The Liquor Control Board will implement the enforcement tool for uniform pricing shared with stakeholders at the March 26, 2008 Board meeting.

On April 8 at 12:01 a.m., the computer-based system currently used for posting will be modified.

  Restricted Viewing Access: Under the new system, the only     people who will be able to view prices will be the person entering the price data and Liquor Control Board staff.

  No Hold Period: Under the new system, suppliers and distributors will have the ability to change prices as often as needed.

Please check back for updated information that will be posted as it becomes available.

Costco v Hoen Fact Sheet

This two-page summary encapsulates the latest information regarding the Costco v. Hoen lawsuit and next steps. Also available is a timeline and key issues at stake in the lawsuit.

January 29, 2008: On this date, the 9th Circuit Court of Appeals issued its decision on Costco v Hoen. In its decision, the three member panel overturned much of the district court decision with the exception of the Liquor Control Board's enforcement mechanism for uniform pricing of beer and wine.

February 19, 2008: Costco files a petition for review and en banc review. By petitioning for review, Costco is requesting that the full 11-member panel of the 9th Circuit review the ruling. The 9th Circuit has until mid-March to decide whether to review the decision.

April 1, 2008: The Ninth Circuit Court of Appeals denies Costco’s request for en banc review.

Costco Appeal Documents:

Amicus Curiae Briefs (Appeal)
Brief Amicus Oregon
Brief of American Beverage Licensees Assoc.
Brief of Amicus Beer Institute
Brief of Amicus Curiae WA Restaurant Association
Brief of Amicus Korean
Brief of Amicus Washington Food Industry & Northwest Grocery Association
Brief of National Beer Wholesalers Assoc
Brief of Ohio and 22 other states
Brief of the National Alcohol Bev Ctrl Assoc

Costco vs. Hoen Pleadings:
Amended Decl of Robin Pollard.pdf
Amended Judgement.pdf
Costco Trial Brief.pdf
Costco's Summ of Depo Designations.pdf
Costco's Summ of Test 1st Week of Trial.pdf
Costco's Summ of Test 2nd Week of Trial.pdf
Findings of Fact and Conclusions of Law.pdf
Order Denying Mot for Judgment.pdf
Order on Plaint's Mot for Partial SJ on 2nd & 3rd Claims.pdf
Order on Plt's Mot to Clarify or Amend Judgment and Proposal of Attorneys Fees Briefing Schedule.pdf
Order on SJ Mot RE Antitrust Claims.pdf
Pretrial Order.pdf
Supp Order on SJ Mot RE Antitrust Claims.pdf
Trial Brief of Def and Def Intervenot.pdf
Trial Witness Exhibit List.pdf
Wa Wine Inst Amicus Brief RE SJ.pdf

Costco vs. Hoen Admitted Trial Exhibits:
TX001_001.pdf, TX003_001.pdf, TX004_001.pdf, TX011_001.pdf, TX012_001.pdf, TX013_001.pdf, TX014_001.pdf, TX015_001.pdf, TX016_001.pdf, TX017_001.pdf, TX018_001.pdf, TX019_001.pdf, TX020_001.pdf, TX021_001.pdf, TX022_001.pdf, TX023_001.pdf, TX024_001.pdf, TX025_001.pdf, TX026_001.pdf, TX027_001.pdf, TX028_001.pdf, TX029_001.pdf, TX031_001.pdf, TX032_001.pdf, TX033_001.pdf, TX034_001.pdf, TX035_001.pdf, TX036_001.pdf, TX037_001.pdf, TX038_001.pdf, TX039_001.pdf, TX040_001.pdf, TX041_001.pdf, TX042_001.pdf , TX043_001.pdf, TX044_001.pdf, TX045_001.pdf, TX047_001.pdf, TX048_001.pdf, TX049_001.pdf, TX050_001.pdf, TX051_001.pdf, TX052_001.pdf, TX053_001.pdf, TX054_001.pdf, TX056_001.pdf, TX057_001.pdf, TX058_001.pdf, TX060_001.pdf, TX061_001.pdf, TX062_001.pdf, TX063_001.pdf,
TX064_001.pdf, TX065_001.pdf, TX066_001.pdf, TX067_001.pdf, TX068_001.pdf, TX069_001.pdf, TX070_001.pdf, TX071_001.pdf,
TX072_001.pdf, TX073_001.pdf, TX074_001.pdf, TX075_001.pdf, TX076_001.pdf, TX077_001.pdf, TX079_001.pdf, TX082_001.pdf, TX083_001.pdf, TX084_001.pdf, TX088_001.pdf, TX089_001.pdf, TX090_001.pdf, TX091_001.pdf, TX092_001.pdf, TX093_001.pdf, TX095_001.pdf, TX096_001.pdf, TX099_001.pdf, TX100_001.pdf, TX102_001.pdf, TX105_001.pdf, TX106_001.pdf, TX110_001.pdf, TX111_001.pdf, TX112_001.pdf, TX113_001.pdf, TX113_001.pdf,
TX114_001.pdf, TX116_001.pdf, TX117_001.pdf, TX118_001.pdf, TX121_001.pdf, TX121_001.pdf, TX123_001.pdf, TX123_001.pdf, TX125_001.pdf, TX126_001.pdf, TX127_001.pdf, TX128_001.pdf, TX129_001.pdf, TX130_001.pdf, TX132_001.pdf, TX132_001.pdf,
TX133_001.pdf, TX134_001.pdf, TX135_001.pdf, TX136_001.pdf, TX138_001.pdf, TX140_001.pdf, TX142_001.pdf, TX143_001.pdf,
TX144_001.pdf, TX145_001.pdf, TX146_001.pdf, TX147_001.pdf, TX148_001.pdf, TX151_001.pdf, TX152_001.pdf, TX154_001.pdf, TX156_001.pdf, TX157_001.pdf, TX158_001.pdf, TX159_001.pdf, TX160_001.pdf, TX164_001.pdf, TX166_001.pdf, TX168_001.pdf, TX171_001.pdf, TX174_001.pdf, TX175_001.pdf, TX177_001.pdf, TX178_001.pdf, TX179_001.pdf, TX180_001.pdf, TX181_001.pdf, TX183_001.pdf, TX184_001.pdf, TX185_001.pdf, TX189_001.pdf, TX190_001.pdf, TX200_001.pdf, TX201_001.pdf, TX202_001.pdf, TX203_001.pdf, TX204_001.pdf, TX205_001.pdf, TX206_001.pdf, TX210_001.pdf, TX211_001.pdf, TX212_001.pdf, TX213_001.pdf, TX214_001.pdf, TX218_001.pdf, TX221_001.pdf, TX224_001.pdf, TX225_001.pdf, TX226_001.pdf, TX227_001.pdf, TX228_001.pdf, TX229_001.pdf, TX230_001.pdf, TX231_001.pdf, TX232_001.pdf, TX234_001.pdf, TX235_001.pdf, TX236_001.pdf, TX237_001.pdf, TX238_001.pdf, TX239_001.pdf, TX240_001.pdf, TX241_001.pdf, TX243_001.pdf, TX244_001.pdf, TX245_001.pdf, TX246_001.pdf, TX247_001.pdf, TX248_001.pdf, TX249_001.pdf, TX250_001.pdf, TX251_001.pdf, TX252_001.pdf, TX253_001.pdf, TX269_001.pdf, TX299_001.pdf, TX305_001.pdf, TX306_001.pdf, TX307_001.pdf, TX309_001.pdf, TX310_001.pdf, TX311_001.pdf, TX312_001.pdf, TX313_001.pdf, TX314_001.pdf, TX315_001.pdf, TX316_001.pdf, TX317_001.pdf, TX318_001.pdf, TX321_001.pdf, TX322_001.pdf, TX323_001.pdf, TX324_001.pdf, TX325_001.pdf, TX328_001.pdf, TX329_001.pdf, TX330_001.pdf, TX331_001.pdf, TX332_001.pdf, TX333_001.pdf, TX334_001.pdf, TX335_001.pdf, TX336_001.pdf, TX337_001.pdf, TX338_001.pdf, TX339_001.pdf, TX340_001.pdf, TX341_001.pdf, TX342_001.pdf, TX400_001.pdf, TX401_001.pdf, TX402_001.pdf, TX403_001.pdf, TX404_001.pdf, TX405_001.pdf, TX406_001.pdf, TX407_001.pdf, TX408_001.pdf, TX408_004-DUP1.pdf, TX409_001.pdf, TX410_001.pdf, TX411_001.pdf, TX412_001.pdf, TX413_001.pdf, TX414_001.pdf, TX415_001.pdf, TX416_001.pdf, TX417_001.pdf, TX418_001.pdf, TX419_001.pdf, TX420_001.pdf, TX421_001.pdf, TX422_001.pdf, TX423_001.pdf, TX424_001.pdf, TX425_001.pdf, TX426_001.pdf, TX427_001.pdf, TX428_001.pdf, TX429_001.pdf, TX430_001.pdf, TX431_001.pdf, TX432_001.pdf, TX433_001.pdf, TX434_001.pdf, TX435_001.pdf, TX436_001.pdf, TX437_001.pdf, TX438_001.pdf, TX439_001.pdf, TX440_001.pdf, TX441_001.pdf, TX442_001.pdf, TX443_001.pdf, TX444_001.pdf, TX445_001.pdf, TX446_001.pdf, TX447_001.pdf, TX448_001.pdf, TX449_001.pdf, TX450_001.pdf, TX452_001.pdf, TX454_001.pdf, TX455_001.pdf, TX456_001.pdf, TX457_001.pdf, TX458_001.pdf, TX459_001.pdf, TX460_001.pdf, TX461_001.pdf, TX462_001.pdf, TX463_001.pdf, TX464_001.pdf, TX465_001.pdf, TX466_001.pdf, TX467_001.pdf, TX468_001.pdf, TX469_001.pdf, TX470_001.pdf, TX471_001.pdf, TX472_001.pdf, TX473_001.pdf, TX474_001.pdf, TX475_001.pdf, TX476_001.pdf, TX477_001.pdf, TX478_001.pdf, TX479_001.pdf, TX480_001.pdf, TX481_001.pdf, TX482_001.pdf, TX483_001.pdf, TX484_001.pdf, TX485_001.pdf, TX487_001.pdf, TX488_001.pdf, TX489_001.pdf, TX490_001.pdf, TX490_001.pdf, TX491_001.pdf, TX492_001.pdf, TX493_001.pdf, TX494_001.pdf, TX495_001.pdf, TX496_001.pdf, TX497_001.pdf, TX498_001.pdf, TX499_001.pdf, TX500_001.pdf, TX501_001.pdf, TX502_001.pdf, TX503_001.pdf, TX504_001.pdf, TX505_001.pdf, TX506_001.pdf, TX507_001.pdf, TX508_001.pdf, TX509_001.pdf, TX510_001.pdf, TX511_001.pdf, TX512_001.pdf, TX513_001.pdf, TX514_001.pdf, TX515_001.pdf, TX516_001.pdf, TX517_001.pdf, TX518_001.pdf, TX519_001.pdf, TX520_001.pdf, TX521_001.pdf, TX522_001.pdf, TX524_001.pdf, TX525_001.pdf, TX526_001.pdf, TX527_001.pdf, TX528_001.pdf, TX529_001.pdf, TX530_001.pdf, TX531_001.pdf, TX532_001.pdf, TX533_001.pdf, TX534_001.pdf, TX535_001.pdf, TX536_001.pdf, TX537_001.pdf, TX538_001.pdf, TX539_001.pdf, TX540_001.pdf, TX541_001.pdf, TX542_001.pdf, TX543_001.pdf, TX544_001.pdf, TX545_001.pdf, TX546_001.pdf, TX547_001.pdf, TX548_001.pdf, TX549_001.pdf, TX550_001.pdf, TX551_001.pdf, TX552_001.pdf, TX553_001.pdf, TX554_001.pdf, TX555_001.pdf, TX556_001.pdf, TX557_001.pdf, TX558_001.pdf, TX559_001.pdf, TX560_001.pdf, TX561_001.pdf, TX562_001.pdf, TX563_001.pdf, TX564_001.pdf, TX565_001.pdf, TX566_001.pdf, TX567_001.pdf, TX568_001.pdf, TX569_001.pdf, TX570_001.pdf, TX571_001.pdf, TX572_001.pdf, TX573_001.pdf, TX574_001.pdf, TX575_001.pdf, TX576_001.pdf, TX577_001.pdf, TX578_001.pdf, TX579_001.pdf, TX580_001.pdf, TX581_001.pdf, TX582_001.pdf, TX583_001.pdf, TX584_001.pdf, TX585_001.pdf, TX586_001.pdf, TX587_001.pdf, TX588_001.pdf, TX589_001.pdf, TX591_001.pdf, TX593_001.pdf, TX594_001.pdf

Costco vs. Hoen Trial Testimony documents:
032106.txt, 032206.txt, 032306.txt, 032706.txt, 032806.txt, 032906.txt, 033006.txt, TX001_001.pdf, TX003_001.pdf, TX004_001.pdf, TX005_001.pdf, TX006_001.pdf, TX007_001.pdf, TX008_001.pdf, TX009_001.pdf, TX010_001.pdf, TX011_001.pdf, TX012_001.pdf, TX013_001.pdf, TX014_001.pdf, TX015_001.pdf, TX016_001.pdf, TX017_001.pdf, TX018_001.pdf, TX019_001.pdf, TX020_001.pdf, TX021_001.pdf, TX022_001.pdf, TX023_001.pdf, TX024_001.pdf, TX025_001.pdf, TX026_001.pdf, TX027_001.pdf, TX028_001.pdf, TX029_001.pdf, TX031_001.pdf, TX032_001.pdf, TX033_001.pdf, TX034_001.pdf, TX035_001.pdf, TX036_001.pdf, TX037_001.pdf, TX038_001.pdf, TX039_001.pdf, TX040_001.pdf, TX041_001.pdf, TX042_001.pdf, TX043_001.pdf, TX044_001.pdf, TX045_001.pdf, TX046_001.pdf, TX047_001.pdf, TX048_001.pdf, TX049_001.pdf, TX050_001.pdf, TX051_001.pdf, TX052_001.pdf, TX053_001.pdf, TX054_001.pdf, TX056_001.pdf, TX057_001.pdf, TX058_001.pdf, TX060_001.pdf, TX061_001.pdf, TX062_001.pdf, TX063_001.pdf, TX064_001.pdf, TX065_001.pdf, TX066_001.pdf, TX067_001.pdf, TX068_001.pdf, TX069_001.pdf, TX070_001.pdf, TX071_001.pdf, TX072_001.pdf, TX073_001.pdf, TX074_001.pdf, TX075_001.pdf, TX076_001.pdf, TX077_001.pdf, TX079_001.pdf, TX082_001.pdf, TX083_001.pdf, TX084_001.pdf, TX088_001.pdf, TX089_001.pdf, TX090_001.pdf, TX091_001.pdf, TX092_001.pdf, TX093_001.pdf, TX095_001.pdf, TX096_001.pdf, TX099_001.pdf, TX102_001.pdf, TX105_001.pdf, TX106_001.pdf, TX110_001.pdf, TX111_001.pdf, TX112_001.pdf, TX113_001.pdf, TX114_001.pdf, TX116_001.pdf, TX117_001.pdf, TX118_001.pdf, TX121_001.pdf, TX123_001.pdf, TX125_001.pdf, TX126_001.pdf, TX127_001.pdf, TX128_001.pdf, TX129_001.pdf, TX130_001.pdf, TX132_001.pdf, TX133_001.pdf, TX134_001.pdf, TX135_001.pdf, TX136_001.pdf, TX138_001.pdf, TX140_001.pdf, TX142_001.pdf, TX143_001.pdf, TX144_001.pdf, TX145_001.pdf, TX146_001.pdf, TX147_001.pdf, TX148_001.pdf, TX151_001.pdf, TX152_001.pdf, TX154_001.pdf, TX156_001.pdf, TX157_001.pdf, TX158_001.pdf, TX159_001.pdf, TX160_001.pdf, TX161_001.pdf, TX164_001.pdf, TX166_001.pdf, TX168_001.pdf, TX171_001.pdf, TX174_001.pdf, TX175_001.pdf, TX177_001.pdf, TX178_001.pdf, TX179_001.pdf, TX180_001.pdf, TX181_001.pdf, TX183_001.pdf, TX184_001.pdf, TX185_001.pdf, TX189_001.pdf, TX190_001.pdf, TX200_001.pdf, TX201_001.pdf, TX202_001.pdf, TX203_001.pdf, TX204_001.pdf, TX205_001.pdf, TX206_001.pdf, TX210_001.pdf, TX211_001.pdf, TX212_001.pdf, TX213_001.pdf, TX214_001.pdf, TX218_001.pdf, TX221_001.pdf, TX224_001.pdf, TX225_001.pdf, TX226_001.pdf, TX227_001.pdf, TX228_001.pdf, TX229_001.pdf, TX230_001.pdf, TX231_001.pdf, TX232_001.pdf, TX234_001.pdf, TX235_001.pdf, TX236_001.pdf, TX237_001.pdf, TX238_001.pdf, TX239_001.pdf, TX240_001.pdf, TX241_001.pdf, TX243_001.pdf, TX244_001.pdf, TX245_001.pdf, TX246_001.pdf, TX247_001.pdf, TX248_001.pdf, TX249_001.pdf, TX250_001.pdf, TX251_001.pdf, TX252_001.pdf, TX253_001.pdf, TX269_001.pdf, TX299_001.pdf, TX305_001.pdf, TX306_001.pdf, TX307_001.pdf, TX309_001.pdf, TX310_001.pdf, TX311_001.pdf, TX312_001.pdf, TX313_001.pdf, TX314_001.pdf, TX315_001.pdf, TX316_001.pdf, TX317_001.pdf, TX318_001.pdf, TX321_001.pdf, TX322_001.pdf, TX323_001.pdf, TX324_001.pdf, TX325_001.pdf, TX328_001.pdf, TX329_001.pdf, TX330_001.pdf, TX331_001.pdf, TX332_001.pdf, TX333_001.pdf, TX334_001.pdf, TX335_001.pdf, TX336_001.pdf, TX337_001.pdf, TX338_001.pdf, TX339_001.pdf, TX340_001.pdf, TX341_001.pdf,