WINRED, INC. v. ELLISON

No. 22-1238.

59 F.4th 934 (2023)

WINRED, INC., Plaintiff-Appellant v. Keith M. ELLISON, in his official capacity as Attorney General for the State of Minnesota; Letitia James, in her official capacity as Attorney General for the State of New York; William Tong, in his official capacity as Attorney General for the State of Connecticut; Brian E. Frosh, in his official capacity as Attorney General for the State of Maryland, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 7, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Jason Brett Torchinsky, of Washington, DC. The following attorney(s) appeared on the appellant brief; Thomas Henry Boyd, of Minneapolis, MN., Jason Brett Torchinsky, of Washington, DC., Kyle R. Kroll, of Minneapolis, MN., Edward M. Wenger, of Washington, DC., and Kenneth C. Daines of Washington, DC.

Counsel who presented argument on behalf of the appellee was Elizabeth Catherine Kramer, AAG, of Saint Paul, MN. The following attorney(s) appeared on the appellee brief; Elizabeth Catherine Kramer, AAG, of Saint Paul, MN., Adam H. Welle, AAG, of Saint Paul, MN., Erin Elizabeth Conti, AAG, of Saint Paul, MN., Jason Marisam, AAG, of Saint Paul, MN., James W. Canaday, AAG, of Saint Paul, MN.

Before SMITH, Chief Judge, BENTON and SHEPHERD, Circuit Judges.


The district court1 dismissed WinRed, Inc.'s request for a declaratory judgment and preliminary injunction. This court "review[s] de novo the grant of a motion to dismiss for failure to state a claim ..., accept[ing] the factual allegations in the complaint as true and draw[ing] all reasonable...

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