Category: Distribution Agreements

Court rejects wine supplier’s attempt to dismiss wine distributor’s lawsuit for improper termination and reasonable compensation finding termination for lack of prompt payment and assertions of improper credit require factual determination.

Distribution / Distribution Agreements / Franchise Laws / Suits / Wholesalers / Wine
May 10, 2023

A Michigan Federal Court has ruled that the motion to dismiss stage is no...

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 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...

Court finds state’s prohibition on exclusive liquor distribution agreements for out-of-state distillers violates Commerce Clause so state eliminates exclusivity.

Craft Distiller / Distilled Spirits / Distillery / Distilling / Distribution / Distribution Agreements / Wholesalers
May 23, 2022

Out-of-state spirits producers do not enjoy the same rights as in-state producers in Minnesota...

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...

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 –...

franchise alcohol distribution law truck for delivery of spirits

In bad result for alcohol wholesalers, Delaware spirits distributor loses argument that franchise law created enforceable exclusive distribution contract where alcohol was purchased on invoice and no oral or written agreement set a quantity of goods to be purchased.

Beer / Brewery / Cider / Craft Beer / Distilled Spirits / Distillery / Distribution / Distribution Agreements / Opinions / Regulations / Suits / Vineyard / Wholesalers / Wine
March 10, 2020

Following a trial over claims of an alleged exclusive oral distribution agreement under Delaware’s...

Spirits distribution agreement Few spirits v. UB distributors distillery distribution Illinois liquor lawyer Chicago liquor lawyer

State court rules spirits company cannot terminate distribution agreement absent event of default – agreement with no defined time period is not terminable at will and lasts forever. Bonus: We’ve got the docs for you.

Advertising / Beer / Brewery / Brewing / Cider / Craft Beer / Distilled Spirits / Distillery / Distilling / Distribution / Distribution Agreements / Statutes / Suits / Vineyard / Wholesalers / Wine
February 17, 2020

Few Spirits (fun fact, the F.E.W. stands for Francis Elizabeth Willard president and founder...

Truck wreck oklahoma wine and spirits distribution decision

OK Supreme Court strikes down law barring exclusive distribution relationships based on state constitutional right allowing liquor and wine manufacturers to sell to whom they please.

Distilled Spirits / Distillery / Distilling / Distribution / Distribution Agreements / Opinions / Statutes / Suits / Wine / Winemaking
January 24, 2020

A little bit of background makes this seem like an easy decision given that...

Liquor franchise termination Chicago liquor lawyer missouri franchise law distiller

Spirits distributor survives Jӓgermeister’s bid for second dismissal in Missouri distribution franchise law dispute.

Beer / Distilled Spirits / Distillery / Distribution / Distribution Agreements / Suits / Wine
November 25, 2019

Back in March we reported on Jӓgermeister’s successful bid to dismiss a lawsuit that...

Category: Distribution Agreements

Court rejects wine supplier’s attempt to dismiss wine distributor’s lawsuit for improper termination and reasonable compensation finding termination for lack of prompt payment and assertions of improper credit require factual determination.

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 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

Court finds state’s prohibition on exclusive liquor distribution agreements for out-of-state distillers violates Commerce Clause so state eliminates exclusivity.

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.

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?

In bad result for alcohol wholesalers, Delaware spirits distributor loses argument that franchise law created enforceable exclusive distribution contract where alcohol was purchased on invoice and no oral or written agreement set a quantity of goods to be purchased.

State court rules spirits company cannot terminate distribution agreement absent event of default – agreement with no defined time period is not terminable at will and lasts forever. Bonus: We’ve got the docs for you.

OK Supreme Court strikes down law barring exclusive distribution relationships based on state constitutional right allowing liquor and wine manufacturers to sell to whom they please.

Spirits distributor survives Jӓgermeister’s bid for second dismissal in Missouri distribution franchise law dispute.

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