Category Archives: Wholesalers

March 24

Craft Brewers Need to Watch This Texas Dispute Over Getting Money From Wholesalers For Selling Distribution Rights – State Files Opening Brief in Appeal of Challenge to Texas Brewer’s Ability to Sell Their Distribution Rights for Payment

It used to be that brewers signed with wholesalers and gave up their self-distribution rights and didn’t get any money for them.  Then some enterprising brewers realized that wholesalers sue each other and brewers for the value of those rights so the rights must have value.  They started asking for payment when they signed with […]

February 14

Final Briefs Filed as Craft Brewers’ Fight to Terminate Distribution Agreements in Ohio Rolls On

When last we wrote about the ongoing attempts by Great Lakes Brewing and Boston Beer Company to terminate their distribution arrangements with Souther Glazer’s in Ohio, Great Lakes had just filed its appellate brief looking to overturn the order that the District Court entered forcing it to keep selling to Southern Glazer’s.  The beauty of […]

January 20

Oral Argument Video of Challenge to Alcohol Advertising Tied-House Regulations at 9th Circuit

As we said we would yesterday, here is the video of the oral argument that happened yesterday in Retail Digital Network, LLC, v. Director of Alcoholic Control Board, Applesmith (link is to our post from yesterday describing the case and why it is important to advertisers and brewers, vintners, and distillers.

January 19

Tied-House Challenge To Allow Alcohol Advertising Payments to Retailers Has Oral Argument In Front of En Banc 9th Circuit – Here’s a Live Link!

Officially, you can view 9th Circuit oral arguments here the day after they occur.  But that’s really not good enough, is it.  So here is a Youtube Link to be able to watch the Courtroom Session as it occurs.  The arguments are set for 1:00 p.m. Pacific Time today. In case you’ve had your head […]

January 11

TTB Finalizes Rule For Brewers, Vintners, Distillers, and Others Regarding Import / Export Procedures

Get ready to use a single interface for all your import/export filing requirements. The rule, entitled Amendments To Streamline Importation of Distilled Spirits, Wine, Beer, Malt Beverages, Tobacco Products, Processed Tobacco, and Cigarette Papers and Tubes and Facilitate Use of the International Trade Data System (linked), governs use and implementation of the International Trade Data […]

January 09

Brewers Seek Distributor Termination in Ohio Lawsuit That Could Result in Important Legal Interpretation Regarding Beer Distribution Agreements and Franchise Laws

There are a few interesting cases winding their way through the courts in 2017 that will have a large impact on trade practice laws and issues related to the three-tiered system.  One in particular is getting briefed for argument at the 6th Circuit Court of Appeals. Great Lakes and Boston Beer are involved in a […]

A call for analyzing the 3-tiered system? NJ Court says alcohol regulations need to be revisited in light of changing conditions

There’s an quote from Justice Holmes’ The Path of the Law that goes “[i]t is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished […]

Court Upholds Brewer’s Contractual Language Reserving The Right To Choose Which Products A Distributor Receives

A Federal District Court in Pennsylvania recently denied a distributor’s motion to reconsider the Court’s finding upholding the terms of a distribution agreement with Millercoors.  The original decision dismissing the distributor’s suit came at the end of October and found that the distributor didn’t have a right to sue Millercoors claiming that Millercoors’ failure to […]