Xcaliber International Limited v. Attorney General

EMILIO M. GARZA, Circuit Judge:

Plaintiff-Appellant Xcaliber International Limited LLC (“Xcaliber”) appeals the district court’s grant of summary judgment in favor of the Attorney General of Louisiana (the “State”). Xcaliber manufactures and sells discount cigarettes. The case presents a challenge to an amendment to the state law implementing the tobacco settlement between the largest manufacturers of cigarettes and most of the states. Xcaliber claims that the amendment is preempted by federal antitrust law and violates the Equal Protection and Due Process Clauses.

I

Since 2003, Xcaliber has…