Category: Beer Franchise Laws

The 9th Circuit will be deciding whether Washington’s beer franchise law allows a supplier to terminate without cause and the case may provide some important precedent.

Beer Franchise Laws / Brewery / Statutes / Suits / Wholesalers
May 5, 2023

A Court’s grant of an injunction to a beer distributor prohibiting Constellation from moving...

Court provides stark reminder to liquor and beer distributors about why FOB terms matter: the location of title transfer or sale can determine whether you have franchise protection thanks to the Dormant Commerce Clause.

Beer / Beer Franchise Laws / Brewery / Delivery and Shipping / Distillery / Distribution / Distribution Agreements / Statutes / Suits / Wholesalers
April 20, 2023

In a recent opinion showing the 21st Amendment and state franchise laws must work...

Court rules beer franchise law may not apply to foreign breweries (and their beer) where wholesaler did not engage with foreign breweries or implicate them in contracting with their U.S. importer for distribution.

Beer Franchise Laws / Brewery / Distribution / Distribution Agreements / Franchise Laws / Wholesalers
April 18, 2023

In a lesson for beer distributors in contracting with importers of foreign beer, a...

Court finds winery and distributor continued discussions sufficient to show intent to extend timing under statute allowing transfer following brand acquisition by new owner.

Beer / Beer Franchise Laws / Distribution / Franchise Laws / Statutes / Suits / Vineyard / Wholesalers
March 21, 2023

In addition to what we generally think of as the “regular” reasons for terminating...

A good reminder out of Maine – beer distribution franchise laws generally incorporate themselves into contracts whether the parties want it or not.

Beer Franchise Laws
July 6, 2022

Vacationland Distributors brought suit against Fore River Brewing Co., following notice that Fore River...

Maryland high court rules against Pabst and limits “successor brewer” under beer franchise law to different or new licensees finding it does not include change of control through new parent companies

Beer / Beer Franchise Laws / Brewery / Distribution / Statutes / Suits / Wholesalers
June 8, 2022

The Court of Appeals of Maryland has affirmed a lower appellate court’s reversal of...

Court finds leaving a territory for 13 years might not be enough to accomplish termination of a beer distribution agreement – but sales and transfer of title outside the state may preclude beer franchise statute application

Beer / Beer Franchise Laws / Brewery / Craft Beer / Distribution / Distribution Agreements / Import / Export / Statutes / Wholesalers
June 1, 2022

Brewers, distillers and vintners should pay attention to a recent ruling about an imported...

Maryland court rejects control test in interpreting whether a company is a “successor brewer” under beer franchise fair dealing act allowing termination of distribution agreement.

Beer / Beer Franchise Laws / Brewery / Distribution / Distribution Agreements / Wholesalers
May 12, 2021

Beer wholesaler Frederick P. Winner, Ltd., sued Pabst Brewing Co. over Pabst’s termination of...

In denying out-of-state retailers the right to ship to Missouri residents, 8th Circuit questions whether Courts should allow dormant Commerce Clause challengers to put on evidence.

Beer Franchise Laws / Commerce Clause / Regulations / Retailers / Statutes
April 5, 2021

One of the recent in the battle over out-of-state retailer shipping: Sarasota Wine Market...

Bell’s Brewery wins order forcing beer distributor to arbitration in one of several continuing disputes over the brewer’s decision to exit an entire state (not the first time it’s done that). Bonus: we’ve got the docs and contracts for you.

Beer / Beer Franchise Laws / Brewery / Brewing / Brewpub / Distribution / Distribution Agreements / Wholesalers
September 1, 2020

Bell’s Brewery is racking up wins for brewers’ rights to obtain arbitration where agreements...

Illinois brewer Illinois beer distributor Illinois beer industry fair dealing act

What does the Illinois Beer Industry Fair Dealing Act say about a distributor assigning my distribution agreement (“selling my brand rights”) to another wholesaler and what recourse does a craft brewer have in that situation?

Beer / Beer Franchise Laws / Brewery / Brewing / Brewpub / Chicago / Craft Beer / Distribution / Distribution Agreements / Illinois Beer Industry Fair Dealing Act / Wholesalers
August 13, 2020

We’ve written quite a bit over the years about Illinois’ beer franchise statute –...

Category: Beer Franchise Laws

The 9th Circuit will be deciding whether Washington’s beer franchise law allows a supplier to terminate without cause and the case may provide some important precedent.

Court provides stark reminder to liquor and beer distributors about why FOB terms matter: the location of title transfer or sale can determine whether you have franchise protection thanks to the Dormant Commerce Clause.

Court rules beer franchise law may not apply to foreign breweries (and their beer) where wholesaler did not engage with foreign breweries or implicate them in contracting with their U.S. importer for distribution.

Court finds winery and distributor continued discussions sufficient to show intent to extend timing under statute allowing transfer following brand acquisition by new owner.

A good reminder out of Maine – beer distribution franchise laws generally incorporate themselves into contracts whether the parties want it or not.

Maryland high court rules against Pabst and limits “successor brewer” under beer franchise law to different or new licensees finding it does not include change of control through new parent companies

Court finds leaving a territory for 13 years might not be enough to accomplish termination of a beer distribution agreement – but sales and transfer of title outside the state may preclude beer franchise statute application

Maryland court rejects control test in interpreting whether a company is a “successor brewer” under beer franchise fair dealing act allowing termination of distribution agreement.

In denying out-of-state retailers the right to ship to Missouri residents, 8th Circuit questions whether Courts should allow dormant Commerce Clause challengers to put on evidence.

Bell’s Brewery wins order forcing beer distributor to arbitration in one of several continuing disputes over the brewer’s decision to exit an entire state (not the first time it’s done that). Bonus: we’ve got the docs and contracts for you.

What does the Illinois Beer Industry Fair Dealing Act say about a distributor assigning my distribution agreement (“selling my brand rights”) to another wholesaler and what recourse does a craft brewer have in that situation?

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