Today the 8th Circuit released its judgment and opinion in the Southern Wine and Spirits challenge to Missouri’s alcohol code. In its opinion, the court upheld the decision of district court Judge Nanette K. Laughrey. The 8th Circuit dismissed the Commerce Clause and Equal Protection challenges to Missouri law. The 8th Circuit joins the 2nd, 4th…Read More
State of Missouri Wins Challenge to State Alcohol Laws at 8th Circuit.
September 25, 2013 21st Amendment Equal Protection Supreme Court
Center for Alcohol Policy Legal Symposium in Washington, D.C. Oct 24 and 25
September 23, 2013 All
The 6th annual Center for Alcohol Policy Legal Symposium will start with a reception Wednesday, October 23rd, go all day the 24th and end at noon on Friday the 25th. This year’s keynote address will be given by Nevada Attorney General Catherine Cortez Masto. In addition to the keynote address there will be a wide variety…Read More
Justice Department Files Tunney Act Responses
September 15, 2013 All
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
