The Wisconsin Court of Appeals has issued a decision affirming the dismissal of claims against firm client Miller Brewing Co. in a putative class action seeking recovery for money given to children by their parents and guardians and purportedly misspent on the purchase of alcoholic beverages. Tomberlin v. Adolph Coors Co., et al. In its October 25, 2007, opinion, the court agreed with the lower court that plaintiff failed to allege an actionable injury and lacked standing. SHB took the lead in briefing the Tomberlin appeal for all defendants. This case was one of 10 marketing class actions that firm clients, other alcohol manufacturing and retail companies and their trade associations have faced in federal and state courts across the nation. To date, no court has allowed the claims to proceed.
SHB Partner Gary Long (Class Actions & Complex Litigation) was lead counsel for Miller in the case. He was assisted on the appeal by SHB Partner Chris Cotton (Product Liability Litigation) and Associate Becky Schwartz (Class Actions & Complex Litigation). To view the opinion, please click here.