Amer Beverage Assoc v. Paxton
| American Beverage Association, Consumer Brands Association, National Confectioners Association and Food Marketplace, Incorporated, doing business as FMI-The Food Industry Association |
| Ken Paxton, Attorney General, State of Texas |
| Washington Legal Foundation, Chamber of Commerce of the United States of America, National Association of Manufacturers, Texas Association of Manufacturers, Texas Beverage Association, Texas Retailers Association and American Chemistry Council |
| 26-50192 |
| March 10, 2026 |
| U.S. Court of Appeals, Fifth Circuit |
| Constitutionality of State Statutes |
Docket Report
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| Filing 58 APPELLANT'S REPLY BRIEF FILED Reply Brief deadline satisfied [26-50192] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. Ken Paxton, Attorney General, State of Texas. Date of service: 08/31/2026 via email - Attorney for Amici Curiae: Ahmed, Bucholtz, Lambert, Marotta, Morgan, Prather, Robb; Attorney for Appellants: Berg, Greene; Attorney for Appellees: Ho, Wilson [26-50192] (Evan Scott Greene ) [Entered: 08/31/2026 04:44 PM] |
| Filing 56 CLERK ORDER granting Motion to withdraw Prerak Shah as counsel filed by Appellees Consumer Brands Association, American Beverage Association, National Confectioners Association and Food Marketplace, Incorporated [ # 55 ] [26-50192] (CAS) [Entered: 08/28/2026 03:20 PM] |
| Filing 55 UNOPPOSED MOTION filed by Appellees American Beverage Association, Consumer Brands Association, National Confectioners Association and Food Marketplace, Incorporated to withdraw as counsel [55]. Date of service: 08/27/2026 via email - Attorney for Amici Curiae: Ahmed, Bucholtz, Lambert, Marotta, Morgan, Prather, Robb; Attorney for Appellants: Berg, Greene; Attorney for Appellees: Ho, Shah, Wilson [26-50192] (Allyson Newton Ho ) [Entered: 08/27/2026 04:46 PM] |
| Filing 53 APPEARANCE FORM FILED by Attorney Jessica Amber Ahmed for Amicus Curiae American Chemistry Council in 26-50192 [26-50192] (RSM) [Entered: 08/14/2026 03:08 PM] |
| Filing 51 APPEARANCE FORM FILED by Attorney(s) Laura Lee Prather for party(s) Amicus Curiae Texas Beverage Association Amicus Curiae Texas Retailers Association Amicus Curiae Texas Association of Manufacturers, in case 26-50192 [26-50192] (RSM) [Entered: 08/14/2026 03:00 PM] |
| Filing 49 APPEARANCE FORM FILED by Attorney Michael Lambert for Amicus Curiae Texas Retailers Association in 26-50192, Attorney Michael Lambert for Amicus Curiae Texas Beverage Association in 26-50192, Attorney Michael Lambert for Amicus Curiae Texas Association of Manufacturers in 26-50192 [26-50192] (RSM) [Entered: 08/14/2026 02:55 PM] |
| Filing 47 APPEARANCE FORM FILED by Attorney(s) Catherine Lewis Robb for party(s) Amicus Curiae Texas Beverage Association Amicus Curiae Texas Retailers Association Amicus Curiae Texas Association of Manufacturers, in case 26-50192 [26-50192] (RSM) [Entered: 08/14/2026 02:53 PM] |
| Filing 45 APPEARANCE FORM FILED by Attorney Sean Michael Marotta for Amicus Curiae National Association of Manufacturers in 26-50192 [26-50192] (RSM) [Entered: 08/14/2026 02:42 PM] |
| Filing 43 APPEARANCE FORM FILED by Attorney Jeffrey S. Bucholtz for Amicus Curiae Chamber of Commerce of the United States of America in 26-50192 [26-50192] (RSM) [Entered: 08/14/2026 01:36 PM] |
| Filing 41 APPEARANCE FORM FILED by Attorney Zac Morgan for Amicus Curiae Washington Legal Foundation in 26-50192 [26-50192] (RSM) [Entered: 08/14/2026 01:24 PM] |
| Filing 40 EXTENSION RECEIVED for Appellant Mr. Ken Paxton, Attorney General, State of Texas. Extension Granted to and including 08/31/2026. Reply Brief deadline updated to 08/31/2026 for Appellant Ken Paxton, Attorney General, State of Texas [26-50192] (CAS) [Entered: 08/11/2026 03:16 PM] |
| Filing 39 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellant Mr. Ken Paxton, Attorney General, State of Texas for filing reply brief until 08/31/2026 [26-50192] (Evan Scott Greene ) [Entered: 08/11/2026 11:06 AM] |
| Filing 38 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-50192] (Jessica Amber Ahmed ) [Entered: 08/10/2026 06:13 PM] |
| Filing 37 AMICUS CURIAE BRIEF FILED by American Chemistry Council. The Consent is Included in the Brief. [26-50192] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by American Chemistry Council. Date of service: 08/10/2026 via email - Attorney for Appellants: Berg, Greene; Attorney for Appellees: Ho, Shah, Wilson [26-50192] (Jessica Amber Ahmed ) [Entered: 08/10/2026 06:03 PM] |
| Filing 36 AMICUS CURIAE BRIEF FILED by Texas Retailers Association, Texas Beverage Association and Texas Association of Manufacturers. The Consent is Included in the Brief. [26-50192] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Texas Association of Manufacturers, Texas Beverage Association, and Texas Retailers Association. Date of service: 08/10/2026 via email - Attorney for Appellants: Berg, Greene; Attorney for Appellees: Ho, Shah, Wilson [26-50192] (Michael Lambert ) [Entered: 08/10/2026 03:48 PM] |
| Filing 35 APPEARANCE FORM for the court's review. Lead Counsel? No. [26-50192] (Laura Lee Prather ) [Entered: 08/10/2026 03:45 PM] |
| Filing 34 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-50192] (Michael Lambert ) [Entered: 08/10/2026 03:43 PM] |
| Filing 33 APPEARANCE FORM for the court's review. Lead Counsel? No. [26-50192] (Catherine Lewis Robb ) [Entered: 08/10/2026 03:41 PM] |
| Filing 32 AMICUS CURIAE BRIEF FILED by National Association of Manufacturers. The Consent is Included in the Brief. [26-50192] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by National Association of Manufacturers. Date of service: 08/10/2026 via email - Attorney for Appellants: Berg, Greene; Attorney for Appellees: Ho, Shah, Wilson [26-50192] (Sean Michael Marotta ) [Entered: 08/10/2026 02:38 PM] |
| Filing 31 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-50192] (Sean Michael Marotta ) [Entered: 08/10/2026 02:36 PM] |
| Filing 30 AMICUS CURIAE BRIEF FILED by Chamber of Commerce of the United States of America. The Consent is Included in the Brief. [26-50192] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The Chamber of Commerce of the United States of America. Date of service: 08/10/2026 via email - Attorney for Appellants: Berg, Greene; Attorney for Appellees: Ho, Shah, Wilson [26-50192] (Jeffrey S. Bucholtz ) [Entered: 08/10/2026 01:56 PM] |
| Filing 29 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-50192] (Jeffrey S. Bucholtz ) [Entered: 08/10/2026 01:47 PM] |
| Filing 28 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-50192] (Zac Morgan ) [Entered: 08/10/2026 09:47 AM] |
| Filing 27 AMICUS CURIAE BRIEF FILED by Washington Legal Foundation. The Consent is Included in the Brief. [26-50192] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Washington Legal Foundation. Date of service: 08/10/2026 via email - Attorney for Appellants: Berg, Greene; Attorney for Appellees: Ho, Shah, Wilson [26-50192] (Zac Morgan ) [Entered: 08/10/2026 09:45 AM] |
| Filing 26 EXTENSION RECEIVED for Appellant Mr. Ken Paxton, Attorney General, State of Texas. Extension Denied Reason: Requesting Beyond a Level 1 Extension (30 days). Motion required. [26-50192] (CAS) [Entered: 08/05/2026 04:45 PM] |
| Filing 25 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellant Mr. Ken Paxton, Attorney General, State of Texas for filing reply brief until 09/23/2026 [26-50192] (Evan Scott Greene ) [Entered: 08/05/2026 10:58 AM] |
| Filing 24 APPELLEE'S BRIEF FILED E/Res's Brief deadline satisfied. Reply Brief due on 08/24/2026 for Appellant Ken Paxton, Attorney General, State of Texas [26-50192] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by American Beverage Association, Consumer Brands Association, Food Marketplace, Incorporated and National Confectioners Association. Date of service: 08/03/2026 via email - Attorney for Appellants: Berg, Greene; Attorney for Appellees: Ho, Shah, Wilson [26-50192] (Allyson Newton Ho ) [Entered: 08/03/2026 01:30 PM] |
| Filing 23 EXTENSION RECEIVED for Appellees American Beverage Association, Consumer Brands Association, Food Marketplace, Incorporated and National Confectioners Association. Extension Granted to and including 08/03/2026. E/Res's Brief deadline updated to 08/03/2026 for Appellees American Beverage Association, Consumer Brands Association, Food Marketplace, Incorporated and National Confectioners Association [26-50192] (CAS) [Entered: 06/05/2026 10:25 AM] |
| Filing 22 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellees American Beverage Association, Consumer Brands Association, Food Marketplace, Incorporated and National Confectioners Association for filing Appellees' Response Brief until 08/03/2026 [26-50192] (Allyson Newton Ho ) [Entered: 06/04/2026 04:59 PM] |
| Filing 21 RECORD EXCERPTS FILED. [26-50192] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Ken Paxton, Attorney General, State of Texas. Date of service: 06/02/2026 via email - Attorney for Appellants: Berg, Greene; Attorney for Appellees: Ho, Shah, Wilson [26-50192] (Evan Scott Greene ) [Entered: 06/02/2026 03:27 PM] |
| Filing 20 APPELLANT'S BRIEF FILED A/Pet's Brief deadline satisfied. Appellee's Brief due on 07/02/2026 for Appellees American Beverage Association, Consumer Brands Association, Food Marketplace, Incorporated and National Confectioners Association [26-50192] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Ken Paxton, Attorney General, State of Texas. Date of service: 06/02/2026 via email - Attorney for Appellants: Berg, Greene; Attorney for Appellees: Ho, Shah, Wilson [26-50192] (Evan Scott Greene ) [Entered: 06/02/2026 03:26 PM] |
| Filing 19 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 06/02/2026 for Appellant Ken Paxton, Attorney General, State of Texas. [26-50192] (LEF) [Entered: 04/23/2026 09:10 AM] |
| Filing 18 ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [26-50192] (LEF) [Entered: 04/23/2026 09:08 AM] |
| Filing 17 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 6:25-CV-566. Electronic ROA due on 04/14/2026. [26-50192] (NMF) [Entered: 03/30/2026 01:21 PM] |
| Filing 16 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [16] Initial AA Check Due satisfied. [26-50192] (NMF) [Entered: 03/30/2026 01:17 PM] |
| Filing 13 APPEARANCE FORM FILED by Attorney(s) Evan Scott Greene for party(s) Appellant Ken Paxton, Attorney General, State of Texas, in case 26-50192 [26-50192] (PAC) [Entered: 03/23/2026 04:08 PM] |
| Filing 12 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-50192] (Evan Scott Greene ) [Entered: 03/23/2026 01:50 PM] |
| Filing 11 TRANSCRIPT ORDER received from Appellant Mr. Ken Paxton, Attorney General, State of Texas advising transcript unnecessary as it is already filed. [26-50192] (NMF) [Entered: 03/23/2026 10:54 AM] |
| Filing 9 APPEARANCE FORM FILED by Attorney(s) Prerak Shah for party(s) Appellee Consumer Brands Association Appellee American Beverage Association Appellee National Confectioners Association Appellee Food Marketplace, Incorporated, in case 26-50192 [26-50192] (NMF) [Entered: 03/19/2026 09:50 AM] |
| Filing 7 APPEARANCE FORM FILED by Attorney(s) Allyson Newton Ho for party(s) Appellee Consumer Brands Association Appellee American Beverage Association Appellee National Confectioners Association Appellee Food Marketplace, Incorporated, in case 26-50192 [26-50192] (NMF) [Entered: 03/19/2026 09:41 AM] |
| Filing 6 ATTORNEY TRANSCRIPT ORDER form filed by Appellant Mr. Ken Paxton, Attorney General, State of Texasfor the Court to process. Date of service: 03/18/2026 via email - Attorney for Appellant: Berg; Attorney for Appellee: Wilson. [26-50192] (Zachary Berg ) [Entered: 03/18/2026 01:04 PM] |
| Filing 5 APPEARANCE FORM for the court's review. Lead Counsel? No. [26-50192] (Prerak Shah ) [Entered: 03/17/2026 03:19 PM] |
| Filing 4 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-50192] (Allyson Newton Ho ) [Entered: 03/17/2026 03:13 PM] |
| Filing 1 PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellant Mr. Ken Paxton, Attorney General, State of Texas [26-50192] (CAG) [Entered: 03/10/2026 01:24 PM] |
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