The United States Court of Appeals for the Second Circuit in3month25A district court on Tuesday upheld a ruling against AB InBev (AB InBev) Beer companyModeloOf summary judgment, ModeloClaimed sub-licensor Constellation Group (Constellation Brands) Violation of sales in the United StatesModeloLicense agreement terms for beer products.

The agreement will "beer" Be defined as "beer, Malt beer, Port beer, stout, Malt beverages and any other version or combination of the above beverages, Includes non-alcoholic versions of the above beverages" , ModeloConstellation is in breach of the sub-license agreement, Because Constellation Group usesModelotheMODELOandCORONAThe brand sells hard soda products. ModeloThe company argues, Hard sodas are sugar-based fermented products, Not included in the sub-license terms. But the district court held that, The definition of hard soda is vague, There are issues of fact that should be resolved by a jury. The jury found, ModeloThe Company failed to demonstrate that hard soda is not a beer as defined in the sub-license Agreement. On appeal, ModeloThe definition of beer is not clear in law.

ModeloThe company argues, "The sub-license expressly excludesCoronaHard soda, Because sugar-based hard sodas obviously aren't 'beer' 'Malt beverage' or 'Said beverage' A variation or combination of. " ModeloThe company will "beer" Be defined as "A fermented alcoholic beverage brewed from malt and flavoured with hops, while 'Malt beverage' It specifically refers to beverages made from malt" . The Second Circuit opinion said: "Let's say we can't be sure 'beer' and 'Malt beverage' The ordinary meaning of these two terms is not containedCoronaHard soda" , But it added, "But the contract adds generals 'beer' The range was expanded to include beer and malt beverages 'edition' The description of" , moreover, Modeloconsider "malt-free, Non-hoppy beverages cannot reasonably be considered beer or malt beverages 'edition' This argument, It is difficult to explicitly permit beer and malted beverages with a sub-license 'Non-alcoholic version' This fact is consistent. " althoughModeloThe dictionary definition consistently will "beer" Defined as containing alcohol.

The Court of Appeal decided, Both interpretations of the sub-license are reasonable, So the relevant language of the contract is ambiguous. finally, The District Court was right to dismiss summary judgment.

ModeloThe company also challenged the jury's instructions, Hold district court 'fail' Direct the jury, Words not defined in the contract shall be given their ordinary meaning, And the court vaguely told the jury to ignore the words in the dictionary "beer" Any definition of, The jury was later told it could consider certain statutory definitions. But the Second Circuit Court of Appeals was not convinced, Explain to the district court "The first concern is the relevant contractual terms, Then with 'Contract negotiation and agreed facts and circumstances' In the form of any external evidence indicating the intent of the parties" .

finally, The Second Circuit Court of Appeals rejected itModeloRegarding the overturning of the District Court's request to exclude evidence in the trial involving Constellation Group's communications with the United States.

2020years, United States Department of Justice (DOJ) queryModeloThreat of prosecutionCoronaWhether hard soda violates2013Final judgment of the year (ModeloAgreed to sell its U. S. operations to Constellation Group) An appeal was filed. The Circuit Court of Appeals said, The admission of the evidence may confuse the jury, And delay proceedings, Especially because "Adopting the Justice Department's rulingCoronaHard soda doesn't belong2013In the final judgment clause 'beer' Identification of, Could prompt the jury to listen to the Justice Department, Instead of interpreting the sublicense 'beer' Definition of" . Due to the need to distinguish the Justice Department from the jury "Clear and convincing" The legal standard of litigation and the preponderance of evidence standard used in court, "And thus moved on to an investigation of an entirely different matter" , This will add to the confusion. (Be compiled fromipwatchdog. com)

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