Judge Tosses Budweiser Buyout Class Action
National News
Courthouse News reports that a federal judge dismissed an antitrust class action challenging InBev's buyout of Anheuser-Busch. The class claimed the Belgian brewer's buyout of the corporate parent of St. Louis' iconic Budweiser beer would reduce competition.
But US District Judge Jean Hamilton found no evidence that InBev was entering the US market from scratch. "Here, InBev has no existing breweries or distributorships to produce, promote and distribute its product and enter the US beer market de novo," Hamilton wrote. "InBev would have to build factories and develop a nationwide distribution system. Instead, InBev entered into a distributorship agreement for its imports, which would hinder its entry into the US market. Also, as discussed above, there is insufficient objective evidence that InBev had a subjective intent to enter the US market de novo. Accordingly, the Court finds that InBev was not an actual potential competitor in the US beer market and grants Defendants' Motion for Judgment on the Pleadings."
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.