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.
Costco Will Not Appeal to the U.S. Supreme Court
On June 10, 2008, Costco announced that it will not appeal to the United
States Supreme Court. The lawsuit, filed by Costco in 2004, challenged
several of the state’s laws and regulations concerning beer and wine
distribution. In January, the Ninth Circuit Court of Appeals upheld most
of the state’s laws.
The Washington State Liquor Control Board (WSLCB) will move forward by
cooperating with the legislative Joint Select Committee that is
currently reviewing Washington’s beer and wine regulations. The review
is a continuation Washington State Liquor Control Board’s two major
reviews of the three-tier regulatory system – the Three-Tier Task Force
in 2006 and the Tied House Review in 2007.
This
two-page summary
encapsulates the final information regarding the Costco v. Hoen lawsuit. Also available is a
timeline and key issues
at stake in the lawsuit.
Recent History
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,
TX523_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