Category: Distribution

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...

The Illinois Craft Brewers Guild “Beer Omnibus” bill contains some excellent advancements for bars, restaurants, wineries, distilleries and not-for-profits. With commentary.

Bars / Beer / Brewery / Brewpub / Chicago / Distillery / Distribution / Retailers / Statutes / Tavern / Vineyard / Wholesalers / Wine
April 19, 2023

Experience guides the law and the development of workable statutes is no exception to...

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...

Selling alcoholic beverages in Illinois? Retailers, wholesalers, distilleries, breweries and wineries should get familiar with the soon-to-be new rule regarding alcoholic beverage promotions involving coupons and rebates; scan backs are prohibited.

Advertising / Bars / Beer / Brewery / Chicago / Craft Beer / Craft Distiller / Distilled Spirits / Distillery / Distribution / Regulations / Retailers / Sales / Tavern / Wine / Winemaking
June 20, 2022

Following an initial first-round publication (now edited) and two rounds of comments (here and...

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...

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...

amendments to Illinois liquor Control Act

Recent updates to the Illinois Liquor Control Act, Part 1 of 2, Definitions, Class 3 Brewers, Self-Distribution, Alternating Premises Tap Rooms and more.

Bars / Beer / Brewery / Brewing / Brewpub / Craft Beer / Craft Distiller / Delivery and Shipping / Distilled Spirits / Distillery / Distilling / Distribution / Regulations / Retailers / Sales / Statutes / Vineyard / Wine / Winemaking
November 8, 2021

The Governor’s signature brought Public Act 102-0442 to life on August 20. The Act...

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...

Court finds fine print requires dismissal of beer wholesaler’s insurance claims for spoiled beer wholesaler couldn’t sell on account of Disney’s COVID-19 closure. Hint: Disney’s closure caused the loss, not the COVID.

Beer / Distribution / Wholesalers
October 19, 2020

The plaintiff, a wine and beer distributor bought beer in accordance with its contract...

Category: Distribution

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.

The Illinois Craft Brewers Guild “Beer Omnibus” bill contains some excellent advancements for bars, restaurants, wineries, distilleries and not-for-profits. With commentary.

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.

Selling alcoholic beverages in Illinois? Retailers, wholesalers, distilleries, breweries and wineries should get familiar with the soon-to-be new rule regarding alcoholic beverage promotions involving coupons and rebates; scan backs are prohibited.

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

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

Recent updates to the Illinois Liquor Control Act, Part 1 of 2, Definitions, Class 3 Brewers, Self-Distribution, Alternating Premises Tap Rooms and more.

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.

Court finds fine print requires dismissal of beer wholesaler’s insurance claims for spoiled beer wholesaler couldn’t sell on account of Disney’s COVID-19 closure. Hint: Disney’s closure caused the loss, not the COVID.

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