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
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
US Airways Case Dismissed
January 31, 2012 21st Amendment Alcohol Regulation Supreme Court
Well this case went out with a whimper. After being remanded to the district court by the 10th Circuit and having a trial date set for this April, the parties in the US Airways lawsuit against New Mexico dismissed this case without prejudice. Recall this case was challenge by US Airways to the propriety of New Mexico alcohol…Read More
7th Circuit Rejects Preemption and Commerce Clause Challenge to Indiana Retail Shipping Laws
January 17, 2012 21st Amendment Alcohol Regulation Equal Protection Preemption
In a long and interesting opinion the 7th Circuit ruled against the plaintiffs claiming retail shipping must be treated equally with winery shipping. Click here for the opinion. The opinion I am sure will give arguments for both sides of the debate about alcohol regulation but on balance has some nice quotations that bolster those in…Read More
