Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Practice Tip: Constitutional Standing, Numerosity, and the Beer Drinker's Burden

By Andrew Tuck
August 29, 2013

The first part of this article, published last month, explained the background behind lawsuits alleging that Anheuser-Busch InBev (AB InBev) is “watering down” its beer, and that consumers can purportedly bring a class action against the company in federal court. It then described the problem of the individualized “injury inquiry” that should present an insurmountable obstacle to class certification, and different lines of reasoning courts ' particularly in the Ninth Circuit ' have applied to circumvent this highly individualized injury inquiry and certify classes.

In Part Two herein, we suggest that in federal court the injury inquiry implicates constitutional standing and the often-neglected numerosity requirement for class certification in such a way that the lines of reasoning used to circumvent the injury inquiry are inapplicable ' particularly in an industry as driven by advertising as the beer industry.

Constitutional Standing and Numerosity

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.