CV-23-544, Arkansas Wine and Spirits Wholesale, LLC v. Arkansas Department of Finance and Administration, et al. - Sep 10, 2026

argument CV-23-544

Arkansas Wine and Spirits Wholesale, LLC v. Arkansas Department of Finance and Administration, et al.

Arkansas Supreme Court 49 min 2 speakers 8 chapters transcribed 6 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

What formal proceedings open the Arkansas Supreme Court session?

Jessica Claus 0:12

Hear ye, hear

Unknown 0:14

ye, hear ye. The Arkansas Supreme Court is now in session. All persons having business before this honorable court, draw near, give attention, and you shall be heard. May God bless these United States.

0:49

Good morning.

Karen R. Baker 0:51

We are pleased to hold our oral argument this morning on the old Supreme Court Chamber here at the State Capitol. We typically hold the oral argument

Karen R. Baker 1:15

So we typically hold an oral argument here at the beginning of our fall term every year. And we're excited to be here today. Before we get to our oral argument this morning, the court would like to recognize who with us today is Special Justice Cory Cox. And he is going to be joining us permanently here Sitting for Justice Barbara Webb, who is unable to serve at this time, I would like to welcome his wife, Jill, and his children, Jay and Emma, to join us at the podium. And I will administer the oath.

2:21

Ladies, can you come this way?

Karen R. Baker 2:55

I, Cory

Cory Cox 2:59

Cox, do solemnly swear that I will support

Karen R. Baker 3:05

the Constitution of the United

Cory Cox 3:07

States and the Constitution of the

Karen R. Baker 3:09

State of

Cory Cox 3:11

Arkansas.

Karen R. Baker 3:14

And that I will faithfully discharge the duties.

Cory Cox 3:17

That I will faithfully discharge the duties.

3:20

Of the Office of Special Justice. Of the Office of Special Justice. Of the Arkansas Supreme Court. Of the Arkansas Supreme Court. Upon which I am now about to enter. On which I am now about to enter.

Karen R. Baker 4:12

These chairs don't want to roll. On behalf of the court, we'd like to welcome Special Justice Cox. And we look forward to working with you, Corey. Would the clerk please read the submissions?

Unknown 4:37

There are eight appeals submitted to the court today. The first is our oral argument this morning. That case is CV 23544, Arkansas Wine and Spirits, Ocel LLC versus the Arkansas Department of Finance and Administration and others from Pulaski County Circuit Court. The cases submitted on the briefs in the record are CR 2612, Willie Mott versus State of Arkansas from Pulaski County Circuit Court. CR 2622, Billy Nelson versus the State of Arkansas from Union Circuit. CR 25363, Joe Noll versus the State from Faulkner Circuit. CR 25680, David Freeman versus the State from Garland Circuit. CB 25607, DeAndres Stevenson versus Dexter Payne from Lee Circuit. CV25-629, Gerald Lowry v. Dexter Payne from Lincoln Circuit.

Unknown 5:39

And CV25-691, Robert Grady v. Dexter Payne from Jefferson County Circuit Court. In addition to these eight appeals, there are 19 various other motions and petitions submitted for the court's consideration today. More information about these submissions is available while contacting the clerk's

Karen R. Baker 5:58

office. Thank you. Are there any motions from attorneys or parties present? And at this time, we'll take up the argument in the case of CB 23544, Arkansas Wine and Spirits, wholesale, LLC, versus Arkansas Department of Finance and Administration and others from Pulaski County Circuit Court. Justice Wood is not present for oral argument today, but she will be fully participating in deciding this case. For a technologist. Mr. Castleberry, for appellate. And you are reserving three minutes for rebuttal.

Unknown 6:46

Yes,

Karen R. Baker 6:46

ma'am. You may proceed.

Unknown 6:49

Thank you, Madam Chief Justice. May it please the court, my name is Casey Castleberry.

Who is the newly appointed Special Justice and what is his role?

Unknown 6:52

I represent the appellate, Arkansas White Experience HOSA. The ABC board required two independent manufacturers to abandon the wholesaler they had chosen and do business with a wholesaler that was chosen by their competitor for the sole reason that their different products all carried the same retailer-owned trademark. The board said those changes were necessary to comply with Section 403's exclusive distributor requirement, but the board never addressed Section 412, which is the statute that defines both an unlawful dual distributorship and defines brand. Properly applied, Section 412 resolves this case in two ways. First, there was no dual distributorship as a matter of law. Section 412 prohibits one manufacturer from designating more than one distributor for any brand.

Unknown 7:42

That does not happen. So before you're going directly to the merits, I have a question about standing. Given that, as I understand it, the manufacturers or the suppliers, whichever they are, are on the other side of the fee here,