Category: Suits

Empty wine glasses arranged upside down on an outdoor table.

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.

Cana alleged that PortoVino improperly terminated its wine distribution agreement. The motion to dismiss put payment terms, credit, and the distributor’s compensation claim in view.

A child and an adult point at Europe on a large outdoor globe.

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.

Where does a sale occur under your beer distribution agreement? The second Amtec dismissal ruling shows how the place of sale and transfer of title can matter.