Category: Wholesalers

1st Circuit closes ranks with those Circuits reading Tennessee Wine as requiring States prove alcohol laws discriminating against out-of-state interests affect health or safety goals or other legitimate interests

Commerce Clause / Suits / Wholesalers / Wine
October 3, 2023

The Circuits are by and large falling into line regarding the implications and procedures...

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.

Distribution / Distribution Agreements / Franchise Laws / Suits / Wholesalers / Wine
May 10, 2023

A Michigan Federal Court has ruled that the motion to dismiss stage is no...

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.

Beer Franchise Laws / Brewery / Statutes / Suits / Wholesalers
May 5, 2023

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.

Beer / Beer Franchise Laws / Brewery / Delivery and Shipping / Distillery / Distribution / Distribution Agreements / Statutes / Suits / Wholesalers
April 20, 2023

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.

Bars / Beer / Brewery / Brewpub / Chicago / Distillery / Distribution / Retailers / Statutes / Tavern / Vineyard / Wholesalers / Wine
April 19, 2023

Experience guides the law and the development of workable statutes is no exception to...

Court rules beer franchise law may not apply to foreign breweries (and their beer) where wholesaler did not engage with foreign breweries or implicate them in contracting with their U.S. importer for distribution.

Beer Franchise Laws / Brewery / Distribution / Distribution Agreements / Franchise Laws / Wholesalers
April 18, 2023

In a lesson for beer distributors in contracting with importers of foreign beer, a...

Court finds winery and distributor continued discussions sufficient to show intent to extend timing under statute allowing transfer following brand acquisition by new owner.

Beer / Beer Franchise Laws / Distribution / Franchise Laws / Statutes / Suits / Vineyard / Wholesalers
March 21, 2023

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

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...

Category: Wholesalers

1st Circuit closes ranks with those Circuits reading Tennessee Wine as requiring States prove alcohol laws discriminating against out-of-state interests affect health or safety goals or other legitimate interests

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.

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.

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.

The Illinois Craft Brewers Guild “Beer Omnibus” bill contains some excellent advancements for bars, restaurants, wineries, distilleries and not-for-profits. With commentary.

Court rules beer franchise law may not apply to foreign breweries (and their beer) where wholesaler did not engage with foreign breweries or implicate them in contracting with their U.S. importer for distribution.

Court finds winery and distributor continued discussions sufficient to show intent to extend timing under statute allowing transfer following brand acquisition by new owner.

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.

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