The day after Senator Latvala filed his straight-forward growler bill that would leave the container laws in place and specifically allow growlers of 32, 64 and 128 ounces, there are some updates on the growler litigation filed in Federal court.
First, Judge Robin L. Rosenberg quickly denied a motion for oral argument on the State’s motion to dismiss. Plaintiff sought the hearing as a strong opportunity to make the clear point that the statute in place is completely irrational and has no rational relationship to any government interest. The Judge will rule based upon the papers.
At the motion to dismiss stage, a court will accept all factual allegations contained in the complaint as true and construe the complaint liberally in favor of the plaintiff. Ultimately, if a complaint may give rise to the entitlement of relief that can be awarded by the court, it should not be dismissed. While it is a […]