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

Yesterday a US District court in Texas ruled on a challenge to various parts of the Texas ABC code.    The decision is here. Judge Sparks struck down three provisions of the Texas ABC code for violating the 1st Amendment right to commercial speech.   He upheld the equal protection and commerce clause challenges to the Texas code. …Read More

The 4th annual legal symposium is set for September 11-13 in Chicago.  The meeting starts with a reception Sunday night the 11th.  The meeting will last all day Monday the 12th and end around noon on the 13th. The keynote address will be by Washington Attorney General Rob McKenna.  Attorney General McKenna is currently chairman…Read More

As readers of this blog note, there are many forms of alcohol litigation across the country.    To address one vein of the litigation, Congress has introduced H.R. 1161 the Community Alcohol Regulatory Effectiveness  (CARE) Act.    This legislation is similar to a manager’s amendment  to last year’s bill offered toward the end of the 111th Congress….Read More

The New Jersey Attorney General office filed a petition for panel and en banc rehearing in the Third Circuit case.  A copy of their petition is attached here.  New Jersey alleges that the panel that heard the 3rd Circuit did not interpret Granholm correctly,  that they entertained new arguments without giving New Jersey a chance…Read More