Puerto Rico Wins in 1st Circuit. Coors Lawsuit Dismissed on Comity Grounds

The 1st Circuit has added another twist to the long running battle between Coors and Puerto Rico.    Rather than reach the dormant commerce clause argument, the 1st Circuit upheld the dismissal of the case  on the ground of privity.   In the opinion , Chief Judge Lynch stated “The question presented in this case is whether…Read More

Judge Grants Utah’s Motion to Dismiss Hospitality Association Case

Judge Jenkins held oral argument on the motion to dismiss and granted Plaintiff’s motion to dismiss.   I only have a transcript summary  here.   It dismisses the case but notes that the plaintiff has 20 days to amend the complaint.  Press coverage of the hearing indicates the judge was quite skeptical of the claims underlying the…Read More

Florida Rules Against Burger King Whopper Bars Due to Common Ownership With Supplier

The Florida Division of Alcohol Beverage and Tobacco issued an important ruling reinforcing tied house restrictions in Florida.   In a detailed examination of the common ownership of Anheuser-Busch Inbev and the company controlling Burger King.   Specifically, several of the Brazilian shareholders with the controlling interest in the brewery also have the control of the retailer.    This…Read More

No Emergency Stay of I-1183. Implementation Continues while WA S.Ct Readies to Hear Appeal

Sorry about the very brief post here.    A Washington State Supreme Court Commissioner has chosen not to grant an injunction against the state for implementation.   Next step, the full Supreme Court of Washington State. Here is his opinion denying the request.  The final lap of this long race will now be before the full Washington Supreme Court with…Read More

First Guest Column- Why Should The Public Care About Franchise Laws

We’ve had the ability to do guest columns on this website but never utilized it until now.  These guest columns are not to be considered legal advice but rather are thoughts on issues  relating to alcohol law and policy.  The first guest column is brought to us by Mike Madigan, a partner in Madigan, Dahl and Harlan…Read More