Latham Litigators Successful Again in NY Soda Ban Case Appeal

Appellate court victory upholds prior rulings that found the ban invalid.

June 26, 2014

The New York State Court of Appeals has found that New York City’s ban on large soda drinks violates separation of powers and is therefore invalid. Latham & Watkins successfully represented the American Beverage Association in the case at all three levels of New York’s courts, with a team led by partners Richard Bress and William Rawson in Washington, D.C. and James Brandt in New York. The high court’s decision upholds rulings in March 2013 by the New York State Supreme Court and July 2013 by the First Appellate Division that likewise found invalid the ban on certain drinks instituted by the New York City Board of Health and championed by former Mayor Michael Bloomberg. The Supreme Court decision came the day before the ban was slated to go into effect, and Brandt was named “Litigator of the Week” by The American Lawyer for leading the trial team on the matter.

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