LARRY O’DELL
Associated Press

RICHMOND, Va. (AP) — A federal judge says he will rule in about two weeks on a motion to toss out a $40 million lawsuit against seven Virginia Alcoholic Beverage Control agents.

University of Virginia student Elizabeth Daly filed the lawsuit in state court in March. The case was later transferred to U.S. District Court in Richmond.

Daly was arrested in April 2013 outside a Charlottesville store by ABC agents who mistook sparkling water for beer. She was charged with eluding police and assaulting a police officer after she attempted to drive away from plainclothes ABC agents, striking two of them with her SUV. The charges were later dropped.

After a half-hour hearing Tuesday, U.S. District Judge Henry Hudson dismissed two of Daly’s claims against the state. Ten counts against the ABC agents remain.

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