Court denies motion for First Amendment relief in TTB’s failure to approve COLAs during shutdown as moot

You guessed it. Atlas Brew Works Certificate of Label Approval COLA First Amendment Lawsuit Court order denying TRO as moot.

In the order the court recognized that the granting of the Precious One label mooted that issue and also found that since the other Atlas Brew Works labels would likely be approved before the next threatened shutdown, those claims were moot as well (that’s arguable given the current processing times).

The court did not address issues such as whether or not this was the type of controversy that should proceed as the matters are likely to arise again. It left open the possibility that the government’s re-opening did not moot the entire case and ordered the U.S. to respond by February 28.

Unless there’s an appeal of the mootness issue, it looks like we may have to wait on another shutdown to see how these arguments fair.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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