The 6th Circuit upheld the district court today and ruled that the MillerCoors joint venture was not sufficient to trigger the successor supplier provision that MillerCoors attempted to use to terminate beer distributors. In the opinion the court noted that Miller and Coors exercise control over MillerCoors and do not qualify for the provision in Ohio…Read More
5th Annual Center for Alcohol Policy Legal Symposium to Be Held In Dallas September 9th thru 11th
August 15, 2012 21st Amendment Alcohol Regulation Supreme Court
The 5th annual Alcohol Law Symposium will be held September 9-11 in Dallas, Texas. The program begins with a reception on Sunday evening the 9th, runs all day on Monday, and concludes around 12:30 on Tuesday the 11th. This annual event brings together some of the most interesting alcohol stakeholders in the country – including state…Read More
United States Supreme Court Denies Cert in Dormant Commerce Clause Challenge in Ohio
June 25, 2012 Supreme Court
The Supreme Court today denied the cert petition. End of this story. (earlier post– Solicitor General Recommends SCOTUS to Not Take Ohio Case) The Solicitor General of the United States has weighed in with a brief recommending that the Supreme Court not take the dormant Commerce Clause challenge to the ruling by the Ohio Supreme Court…Read More
Puerto Rico Wins in 1st Circuit. Coors Lawsuit Dismissed on Comity Grounds
April 30, 2012 21st Amendment Alcohol Regulation
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
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
