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Lawyer With Covid-19 Requests Delay in Bud Light Ad Argument

April 14, 2020, 3:22 PM

One of Anheuser-Busch’s lawyers asked the Seventh Circuit for a new oral argument date in its case against MillerCoors over a Bud Light Super Bowl ad campaign, telling the court he’d tested positive for Covid-19.

Dowd Bennett LLP’s James F. Bennett told the court Monday that his condition is improving, but asked the court to delay the argument until at least April 28 based on the St. Louis Health Department’s restrictions on his movements.

MillerCoors sued AB in the U.S. District Court for the Western District of Wisconsin for AB’s Super Bowl ad campaign mocking MillerCoors for brewing Miller Lite and Coors Light with corn syrup. The court granted MillerCoors a preliminary injunction preventing AB from implying that the MillerCoors beers contain corn syrup in advertising, and later modified the injunction to also prevent AB from stating on Bud Light’s packaging that it doesn’t contain corn syrup.

MillerCoors has appealed the denial of parts of its injunction request, and AB has appealed the Bud Light packaging injunction.

Oral argument in the case had been scheduled for April 8, but was postponed in the wake of the Covid-19 pandemic. Bennett said that he should be able to present oral argument on or after April 28, “given the time to complete recovery and the time expected for the lifting of restrictions.”

Bennett told the court that MillerCoors’ counsel also agreed to the new date.

Dowd Bennett LLP, Godfrey & Kahn SC, and Barack Ferrazzano Kirschbaum & Nagelberg LLP represent AB. Quarles & Brady LLP represents MillerCoors.

The case is MillerCoors LLC v. Anheuser-Busch Cos., 7th Cir., No. 19-02200, status report filed 4/13/20

To contact the reporter on this story: Blake Brittain in Washington at bbrittain@bloomberglaw.com

To contact the editors responsible for this story: Rob Tricchinelli at rtricchinelli@bloomberglaw.com; Steven Patrick at spatrick@bloomberglaw.com