Category: Opinions

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...

Online wine sellers face suit in Mississippi as State Supreme Court rules out-of-state alcohol retailers selling to in-state purchasers are subject to personal jurisdiction. Now the real case starts (if they don’t settle).

Beer / Cider / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Opinions / Regulations / Retailers / Sales / Suits / Wine
March 3, 2020

In a blow to those retailers looking to sell alcohol direct to online purchasers...

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...

Illinois liquor lawyer MIssouri Broadcasters - First Amendment Challenge to Alcohol Advertising Regulations and Statute - 8th Circuit Opinion against alcohol regulations prohibiting free speech

In blow to three-tier restrictions, 8th Circuit rules state alcohol advertising laws violate the First Amendment.

Advertising / Beer / Brewery / Cider / Craft Beer / Distilled Spirits / Distillery / Distribution / Labeling / Opinions / Regulations / Retailers / Statutes / Suits / Wholesalers / Wine
January 9, 2020

We called this a while back for the broadcasters, producers, and distributors challenging Missouri’s...

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Connecticut Fine Wines requests U.S. Supreme Court review denial of its antitrust suit over post-and-hold, volume discount and minimum pricing restrictions.

Beer / Brewery / Cider / Distilled Spirits / Distillery / Opinions / Retailers / Sales / Statutes / Suits / Vineyard / Wholesalers / Wine
December 6, 2019

You can read the petition for certiorari here. You saw this coming as the...

Beer distributor wins reversal of arbitration award. Arbitrator didn’t disclose ownership interest in the arbitration entity which the beverage manufacturer used for 97 other arbitrations. Bonus: we’ve got the distribution agreements for you.

Opinions / Suits
October 29, 2019

A beer distributor had a distribution agreement with Monster Energy to be the exclusive...

Watch the Mississippi wine shipping case oral arguments live on November 13 at 1:30 p.m. CST

Beer / Brewery / Craft Beer / Distilled Spirits / Distillery / Distribution / Licensing and Permits / Opinions / Regulations / Retailers / Sales / Statutes / Vineyard / Wine / Winemaking
October 14, 2019

Live telecast oral arguments may be a federal rarity, but MIssissippi is a bellwether...

Amazon of liquor one step closer as Michigan files opening brief in 6th Circ. Commerce Clause appeal of injunction allowing out-of-state retailers to ship alcohol to residents like in-state retailers can.

Beer / Brewery / Brewing / Brewpub / Cider / Commerce Clause / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Distillery / Distilling / Distribution / Licensing and Permits / Opinions / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wholesalers / Wine / Winemaking
October 7, 2019

Back in October we wrote about Michigan’s Lebamoff decision and the win it represents...

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Beer wholesaler finds out that timely objecting to an invoice can be the difference between not paying and having a court order payment.

Beer / Brewery / Brewing / Brewpub / Distilled Spirits / Opinions / Sales / Suits / Wholesalers / Wine
October 3, 2019

The case, Stardom Brands LLC v. SKI Wholesale Beer Corp. (link to opinion) revolved...

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Illinois Supreme Court case provides insight about whether the UCC requires a chance to cure if you want to revoke acceptance of goods – could be useful if you bought grapes, hops, grains that are defective.

Beer / Brewery / Brewing / Brewpub / Cannabis / Cider / Craft Beer / Craft Growers / Delivery and Shipping / Distilled Spirits / Distillery / Distilling / Distribution / Illinois Cannabis / Import / Export / Marijuana / Opinions / Sales / Statutes / Suits / Vineyard / Wholesalers / Wine / Winemaking
October 2, 2019

Admit it, you’ve purchased ingredients you found out later were defective, or spoiled. Well,...

Big Six generic for wine trademark illinois chicago liquor license lawyer attorney

BIG SIX nixed for wine trademark as the big six is generic in the wine world.

Labeling / Opinions / Trademark / Warehousing / Wine / Winemaking
October 1, 2019

The Trademark Trial and Appeals Board and the USPTO don’t work in a vacuum...

Marijuana employees cannabis employees federal labor laws marijuana employees federal labor laws cannabis employees illinois cannabis attorney illinois marijuana attorney

10th Circuit rejects employer’s arguments that marijuana-security business employees aren’t protected by Federal labor statutes.

Cannabis / CBD / Illinois Cannabis / Opinions / Statutes / Suits
September 30, 2019

You probably know it’s headed downhill as a party in a lawsuit when the...

Category: Opinions

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.

Online wine sellers face suit in Mississippi as State Supreme Court rules out-of-state alcohol retailers selling to in-state purchasers are subject to personal jurisdiction. Now the real case starts (if they don’t settle).

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.

In blow to three-tier restrictions, 8th Circuit rules state alcohol advertising laws violate the First Amendment.

Connecticut Fine Wines requests U.S. Supreme Court review denial of its antitrust suit over post-and-hold, volume discount and minimum pricing restrictions.

Beer distributor wins reversal of arbitration award. Arbitrator didn’t disclose ownership interest in the arbitration entity which the beverage manufacturer used for 97 other arbitrations. Bonus: we’ve got the distribution agreements for you.

Watch the Mississippi wine shipping case oral arguments live on November 13 at 1:30 p.m. CST

Amazon of liquor one step closer as Michigan files opening brief in 6th Circ. Commerce Clause appeal of injunction allowing out-of-state retailers to ship alcohol to residents like in-state retailers can.

Beer wholesaler finds out that timely objecting to an invoice can be the difference between not paying and having a court order payment.

Illinois Supreme Court case provides insight about whether the UCC requires a chance to cure if you want to revoke acceptance of goods – could be useful if you bought grapes, hops, grains that are defective.

BIG SIX nixed for wine trademark as the big six is generic in the wine world.

10th Circuit rejects employer’s arguments that marijuana-security business employees aren’t protected by Federal labor statutes.

Liquor and Cannabis Law and News From @AshleyWBrandt

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