Category: Wholesalers

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...

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.

Commerce Clause / Retailers / Statutes / Wholesalers / Wine
June 7, 2022

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

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...

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...

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.

Beer / Beer Franchise Laws / Brewery / Brewing / Brewpub / Distribution / Distribution Agreements / Wholesalers
September 1, 2020

Bell’s Brewery is racking up wins for brewers’ rights to obtain arbitration where agreements...

Illinois brewer Illinois beer distributor Illinois beer industry fair dealing act

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?

Beer / Beer Franchise Laws / Brewery / Brewing / Brewpub / Chicago / Craft Beer / Distribution / Distribution Agreements / Illinois Beer Industry Fair Dealing Act / Wholesalers
August 13, 2020

We’ve written quite a bit over the years about Illinois’ beer franchise statute –...

Wine Shipping Chicago liquor attorney Chicago liquor law Chicago LIquor lawyer

The out-of-state retailers arguing the Commerce Clause allows them to ship alcohol across state borders on par with in-state retailers that have the same privilege filed for Supreme Court review of the 6th Circuit Lebamoff decision. We’ve got the brief for you.

Beer / Craft Beer / Distilled Spirits / Retailers / Sales / Suits / Wholesalers / Wine
July 23, 2020

I’m doing my best to draft headlines that tell you all you really need...

Special event license Special event licensee delivering alcohol to events chicago liquor license attorney Chicago liquor license lawyer Illinois liquor attorney Illinois alcohol lawyer

Court overturns state alcohol board’s regulatory ruling barring delivery of alcohol to special event locations like festivals for those licensed to sell liquor, beer, and wine at those events.

Bars / Beer / Delivery and Shipping / Distilled Spirits / Distribution / Regulations / Statutes / Suits / Wholesalers / Wine
July 1, 2020

In this case, a Florida bar appealed from a decision of the Florida Department...

Illinois bars restaurants dispensaries breweries, wineries, distributors distilleries liability for COVID-19 related injury to employees under new Illinois workers' compensation law amendments

New Illinois workers’ compensation law means almost every “essential business” now faces liability to its employees. Some possible protection for emplacing COVID-19 cleaning, safety and health restrictions – Illinois’s breweries, wineries, distilleries, bars, distributors, dispensaries, and restaurants included.

Bars / Brewery / Brewpub / Cannabis / Craft Beer / Craft Growers / Cultivators / Dispensaries / Distillery / Illinois Cannabis / Retailers / Tavern / Vineyard / Wholesalers
June 5, 2020

The Illinois legislature has passed a bill that codifies the previously invalidated workers’ compensation...

Liquor license lawyer chicago illinois make this world better charitable donations

Is your bar, brewery, winery or distillery helping out by soliciting for a charity in Illinois? First – Great Job! Also, be advised – there are statutes and regulations that govern that and you need to follow them.

Advertising / Brewery / Brewpub / Distillery / Illinois Liquor Control Commission / Regulations / Retailers / Statutes / Tavern / Vineyard / Wholesalers
May 20, 2020

I want to quickly clear up a misconception that alcohol retailers, and brewers, distillers,...

Category: Wholesalers

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

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.

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.

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.

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.

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?

The out-of-state retailers arguing the Commerce Clause allows them to ship alcohol across state borders on par with in-state retailers that have the same privilege filed for Supreme Court review of the 6th Circuit Lebamoff decision. We’ve got the brief for you.

Court overturns state alcohol board’s regulatory ruling barring delivery of alcohol to special event locations like festivals for those licensed to sell liquor, beer, and wine at those events.

Is your bar, brewery, winery or distillery helping out by soliciting for a charity in Illinois? First – Great Job! Also, be advised – there are statutes and regulations that govern that and you need to follow them.

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