Well here we go. The 1st Circuit will get another chance to address alcohol litigation. Coors has filed a notice of appeal to the 1st Circuit on their attempt to strike down the small brewer tax rate in Puerto Rico. Their notice of appeal is here. (Previous post) District Judge Rules Against Coors District Judge Daniel Dominguez has [...]
Posted April 6, 2011 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause
As readers of this blog note, there are many forms of alcohol litigation across the country. To address one vein of the litigation, Congress has introduced H.R. 1161 the Community Alcohol Regulatory Effectiveness (CARE) Act. This legislation is similar to a manager’s amendment to last year’s bill offered toward the end of the 111th Congress. [...]
Posted March 31, 2011 by admin under Alcohol Review
Distributors were able to win on summary judgement in Ohio regarding the application of the Ohio Franchise law to the MillerCoors Joint Venture. In a federal court opinion from the Southern District of Ohio, Judge Michael Watson weighed the totality of evidence to conclude that the company did not qualify as a successor under Ohio [...]
Posted March 22, 2011 by admin under Alcohol Review
An Ohio judge ruled for distributors and against Pabst in its effort to terminate distributors. Pabst Brewing Co. stock was sold to Pabst Holding Co and Pabst Holding claimed to be a successor manufacturer. They terminated existing distributors under OH Franchise Act and the distributors brought this matter to court. The court stated that interpretation of [...]
Posted March 15, 2011 by admin under Alcohol Regulation, Alcohol Review, Guest Columns
The New Jersey Attorney General office filed a petition for panel and en banc rehearing in the Third Circuit case. A copy of their petition is attached here. New Jersey alleges that the panel that heard the 3rd Circuit did not interpret Granholm correctly, that they entertained new arguments without giving New Jersey a chance [...]
Posted January 20, 2011 by davetate under Alcohol Review
For once we are not talking about the Commerce Clause (positive or dormant) as part of alcohol litigation. After losing for some time in the state legislature, it appears some Kentucky retail interests have run to federal court to challenge the state’s laws regulating who can sell what type of alcoholic beverages and under what [...]
Posted January 12, 2011 by admin under 21st Amendment, Alcohol Review
It appears that Costco Corporation’s third bite at the apple in their attempt to deregulate the alcohol market in Washington State has reached the same conclusion as its first two attempts. Following failed attempts in the courtroom and the legislature in recent years, this year Costco spent millions of dollars to get an initiative on [...]
Posted November 4, 2010 by davetate under Alcohol Review
The 8th Circuit upeld a district court’s dismissal of a lawsuit challenging the ABInbev merger. The district court had dismissed the case on the pleadings. The 8th Circuit decision upheld the dismissal and serves as a refresher of the chronology of the takeover. Among other things, the plaintiffs lost their attempt to make Carlos Brito and [...]
Posted October 27, 2010 by davetate under Alcohol Review
The Supreme Court has denied the appeal filed by ACLU that sought to keep alcohol advertising in college newspaper throughout Virginia. (EARLIER POST) The Virginia Chapter is seeking to have the Supreme Court review the decision of the 4th Circuit to uphold Virginia’s law on the ban of alcohol advertising in college newspapers. It its [...]
Posted October 1, 2010 by admin under Alcohol Review
In this case, the South Carolina Supreme Court ruled that retailers of alcohol are liable for damages incurred by patrons who end up hurting others in car accidents. Read the opinion here.
Posted July 30, 2010 by davetate under Alcohol Review