Archives for 2013

Center for Alcohol Policy Legal Symposium in Washington, D.C. Oct 24 and 25

The 6th annual Center for Alcohol Policy Legal Symposium will start with a reception Wednesday, October 23rd, go all day the 24th and end at noon on Friday the 25th. This year’s keynote address will be given by Nevada Attorney General Catherine Cortez Masto.    In addition to the keynote address there will be a wide variety…Read More

Justice Department Files Tunney Act Responses

Five entities, including NBWA, filed comments with the Justice Department during the open Tunney Act notice period.  The Justice Department noted and responded to these comments in its filing this week and urged approval of the ABI-Modelo deal.  A copy of their response is here.     A copy of the NBWA comments can be found here.   In response to…Read More

Maryland Court of Appeals Affirms No Dram Shop Liability in Maryland

In a 4-3 vote the Maryland Court of Appeals again held that the state does not recognize a cause of action for dram shop liability.    This case involved a tragedy following overservice at an account in Montgomery County.   The trial court initially refused the bar’s motion to dismiss, but later granted summary judgement for the…Read More

Ruling in First Missouri Franchise Case Test Post Shelton Brothers

A quick post noting that a county court in Missouri has ruled that Major Brands and Diageo had a franchise arrangement under Missouri law and that Diageo wrongfully terminated but determined that monetary damages not an injunction was the proper remedy in this matter.   This case will proceed towards a trial and additional discovery including cross…Read More

Supreme Court Clarifies Warrants Needed for Blood Tests in DUI Cases.

The Supreme Court issued a 8-1  decision in Missouri v. McNeely holding that police officers cannot routinely conduct warrantless blood-alcohol tests.   A warrant requirement “must be determined case by case based on the totality of the circumstances.”   The court affirmed that this case derived from a routine DWI stop that presented no exigent circumstances other…Read More