Crafting Clarity in Alcohol Franchise Transfers: Lessons from DET Beverages v. Willett Distillery
Navigating the legal labyrinth of alcohol franchise laws requires precision, as highlighted in DET...
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.
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.
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.
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
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.
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 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.
Bell’s Brewery is racking up wins for brewers’ rights to obtain arbitration where agreements...
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?
We’ve written quite a bit over the years about Illinois’ beer franchise statute –...
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.
Following a trial over claims of an alleged exclusive oral distribution agreement under Delaware’s...
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.
Few Spirits (fun fact, the F.E.W. stands for Francis Elizabeth Willard president and founder...
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.
A little bit of background makes this seem like an easy decision given that...
