News & Events

On September 20, 2005, the Firm achieved a significant litigation victory for its client Heineken USA, Inc., obtaining the dismissal of a class action lawsuit in the District Court for Jefferson County, Colorado, Kreft v. Adolf Coors et al, claiming that Heineken, along with a number of other major beer and distilled spirits companies, purportedly targeted their alcohol beverage advertisements and marketing to underage consumers.  Plaintiffs sought disgorgement of "billions" of dollars in defendants' allegedly ill-gotten gains from underage drinking. The Court granted defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted. The Court found that the plaintiffs lacked standing to sue because they had failed to plead injury cognizable interest or causation of that injury by the defendants. The court also held that the plaintiffs lacked the "typicality" necessary to maintain the action as a class action.

Plaintiffs' counsel have filed similar suits in nine jurisdictions across the United States. The Colorado decision is the first among those states where motions to dismiss have been fully briefed.

The Simpson Thacher team includes David Ichel, Mark Cunha, Bryce Friedman, Helena Almeida, Marissa Piropato, Tamala Boyd and paralegal Kristina Weise.