Originally published by David Coale.
The Texas Package Sales Association, a trade association of alcohol sellers, moved for relief under Fed. R. Civ. P. 60(b) from a longstanding injunction against the enforcement of a residency requirement for sales permits. The Fifth Circuit concluded:
- While not a plaintiff in the original litigation, TPSA had intervened in it, and could challenge the permanent injunction; and
- TPSA had standing as an organization to sue about the requirement; but
- Subsequent Supreme Court opinions about the Commerce Clause did not create an intervening change in the law that would justify Rule 60(b) relief original litigation; and
- TPSA had not adequately placed at issue the alternative ground for the injunction, based on the Privileges and Immunities Clause.
A dissent would not have found that TPSA had standing to sue, characterizing its suit as an effort “to substitute itself . . for the state authorities” with jurisdiction over the applicable law. Cooper v. TABC, No. 14-51343 (April 21, 2016).
from Texas Bar Today http://ift.tt/1Vyk3Ej
via Abogado Aly Website