For all I knew after one year of law school, the Federal Rules of Civil Procedure ended with Rule 37. OK, we studied Rule 56, and maybe dabbled with Rule 54, but once one got past Rule 37, the Rules were terra incognita. Yet as the U.S. Court of Appeals for the Seventh Circuit recently made clear in MillerCoors v. Anheuser-Busch, ___ F.3d ___, 2019 (7th Cir. Oct. 18, 2019), the court understands all of the rules and insists that district courts and litigants understand them too.
The MillerCoors appeal arose from advertising-related litigation between two beer giants. Anheuser-Busch’s advertising campaign touted the contents of Anheuser-Busch beer. MillerCoors took offense and filed suit. The district court issued an “opinion and order” in which it analyzed the facts and law. In a section titled “order,” the district court preliminarily enjoined Anheuser-Busch from using specified language in commercials, print advertising and social media. Anheuser-Busch appealed. While the appeal was pending, the district court entered two additional rulings “modifying” its prior decision. Anheuser-Busch appealed those rulings as well.
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