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
July 26, 2013 Alcohol Regulation
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
June 27, 2013 All
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.
April 18, 2013 Supreme Court
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
Oral Argument Held in 8th Circuit Challenge By Southern Wine & Spirits
April 9, 2013 21st Amendment Equal Protection Supreme Court
Today the 8th Circuit held oral arguments on Southern Wine & Spirits appeal of the district court’s ruling in favor of Missouri regarding their wholesaler licensing law. The history of the case and briefing is provided at length below. Sitting on today’s panel were 8th Circuit Judges Colloton and Shepherd as well as Iowa District…Read More
