Case Citator › Copper Liquor, Inc. v. Adolph Coors Co.

Copper Liquor, Inc. v. Adolph Coors Co.

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Fifth Circuit
Citation
684 F.2d 1087
Decided
Confirmed treatments
2
Flagged citations read
30 of 30
Citing cases (total)
30
Treatment dates
1986
Overruled in part
A reviewed court has overruled part of this case’s holding. Copper Liquor, Inc. v. Adolph Coors Co. was overruled in part on expert witness fees. All 30 flagged citations have been read.
More on how this was screened

Two Fifth Circuit en banc opinions in 1986 rejected its allowance of fees above the statutory witness limit as taxable costs in exceptional circumstances and under the Clayton Act. Its separate guidance on calculating attorney fees and recovering necessary deposition costs continues to be applied. The two confirmed treatments are listed below. Source note: The 1983 en banc opinion at 701 F.2d 542 reinstated the 1982 panel opinion except for a change concerning interest on the fee and cost award. Later courts often cite the 1986 overruling in a history parenthetical; those opinions did not themselves overrule Copper Liquor.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

30 later cases cite Copper Liquor, Inc. v. Adolph Coors Co.; 30 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The en banc court overruled Copper Liquor's allowance of excess expert witness fees as costs in exceptional circumstances.

    International Woodworkers of America v. Champion International Corp. · Fifth Circuit, en banc · filed

    In Copper Liquor III, an antitrust case, we indicated in a part of the opinion entitled “Section 1920 Costs” that trial courts had discretion to award excess expert witness’ fees in “exceptional circumstances, *1181for example, when the expert testimony was necessary or helpful to the presentation of. civil rights claims, or indispensable to the determination of the case.” 684 F.2d at 1100 (footnotes omitted). This conclusion that § 1920 authorizes the award of excess expert witness’ costs in “exceptional circumstances” is overruled.
    Read the full opinion on CourtListener →

  • The en banc court overruled Copper Liquor insofar as it allowed excess expert witness fees under the Clayton Act's costs provision.

    J.T. Gibbons, Inc. v. Crawford Fitting Co. · Fifth Circuit, en banc · filed

    That Congress did not do so in 15 U.S.C. § 15 is clear. To the extent that Copper Liquor Inc. v. Adolph Coors Co., 684 F.2d 1087 (5th Cir.1982), modified on other grounds en banc, 701 F.2d 542 (5th Cir.1983), held otherwise, it is overruled.
    Read the full opinion on CourtListener →

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