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
Archives for 2012
Puerto Rico Wins in 1st Circuit. Coors Lawsuit Dismissed on Comity Grounds
April 30, 2012 21st Amendment Alcohol Regulation
Judge Grants Utah’s Motion to Dismiss Hospitality Association Case
April 2, 2012 21st Amendment Alcohol Regulation Antitrust
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
March 16, 2012 21st Amendment Alcohol Regulation
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
March 3, 2012 Alcohol Regulation
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
February 6, 2012 Guest Columns
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
