July 2, 2020–PORTLAND, OR. Skiermont Derby LLP today secured a significant appellate victory on behalf of Las Vegas, Nevada-based client Counter Wraps International, Inc. (“Counter Wraps”) when the United States Court of Appeals for the Ninth Circuit agreed that Counter Wraps’ multi-million-dollar claim for breach of contract against international beverage distributor Diageo should proceed to trial. The Ninth Circuit’s holding reversed a decision of the United States District Court for the District of Nevada to dismiss the case, returning the lawsuit to the district court for further proceedings.
Counter Wraps alleges that it agreed to provide Diageo with thousands of customized marketing materials, known as “wraps,” advertising a newly-released brand of liquor. These advertisements were a key component of a broader marketing campaign developed by Diageo, which had recently acquired the liquor brand. But, the complaint alleges, Diageo pulled the plug on the campaign mid-stream, leaving Counter Wraps deeply out-of-pocket and without any benefit from the parties’ deal.
Counter Wraps is represented by Skiermont Derby attorneys Paul B. Derby and Johnny O’Kane. The case is Counter Wraps Int’l, Inc. v. Diageo N. Am. et al., pending in the United States District Court for the District of Nevada, Case No. 2:16-cv-02924.