When the State’s Liquor Warehouse Fails, Can Retailers Sue? A Mississippi Court Says Yes.
A failed software upgrade, 200,000 undelivered cases of alcohol, and a federal court decision...
Category: Statutes
Illinois HB 5784 Would Kill Hemp THC Beverages Early
If you sell, distribute, manufacture, or simply enjoy hemp-derived THC beverages in Illinois, the...
The Tennessee Wine Test? 6th Circuit falls in line with requiring evidence of out-of-state alcohol shipping restriction’s health and safety benefits in order to surmount a Dormant Commerce Clause challenge. The State says it wants to take the matter to the Supreme Court.
“However, the Court in Lebamoff did not hold that direct ship restrictions are always...
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.
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.
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.
Experience guides the law and the development of workable statutes is no exception to...
Court finds winery and distributor continued discussions sufficient to show intent to extend timing under statute allowing transfer following brand acquisition by new owner.
In addition to what we generally think of as the “regular” reasons for terminating...
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
The Court of Appeals of Maryland has affirmed a lower appellate court’s reversal of...
In wine retailer shipping case, 4th Circuit panel splits over proper test for Twenty-first Amendment dormant Commerce Clause challenges and interpretation of holdings in Granholm and Tennessee Wine. Bonus: we have the briefs and appendix for you.
Judge Friendly often proved the power of an articulate and well-reasoned dissent. His dissents...
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...
ILCC Introduces Forms For Brewers, Brewpubs, Distilling Pubs and Distillers to Obtain Approval Before Transferring Between Wholly Owned Operations.
For the past few iterations of amendments and creations for the Class 1, brewers...
Recent updates to the Illinois Liquor Control Act, Part 1 of 2, Definitions, Class 3 Brewers, Self-Distribution, Alternating Premises Tap Rooms and more.
The Governor’s signature brought Public Act 102-0442 to life on August 20. The Act...
