Crafting Clarity in Alcohol Franchise Transfers: Lessons from DET Beverages v. Willett Distillery
Navigating the legal labyrinth of alcohol franchise laws requires precision, as highlighted in DET...
Alcoholic Beverage and Cannabis Regulatory and Legal Updates
State Supreme Court Upholds 3-Tier Separation and Limits on Franchise Protections
The case S&H Independent Premium Brands East, LLC v. Alcoholic Beverages Control Commission (SJC-13541)...
Case involving alcohol law allowing in-state distilleries shipping direct to citizens and prohibiting out-of-state distilleries from doing the same allowed to proceed after direct comparison to Granholm.
In a classic Granholm v. Heald situation involving a lack of parity between in-state...
Court finds statute barring retailer warehouse storage out of jurisdiction of alcoholic beverage control authority does not violate Dormant Commerce Clause. Finally, a Tennessee Wine case that is NOT about direct wine shipping.
We will look back to find that the greatest result of Tennessee Wine’s “test”...
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...
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
The Circuits are by and large falling into line regarding the implications and procedures...
Another court relies on the discounted cash flow analysis and not the simple multiple of gross profits for valuing distribution rights. Don’t worry, the DCA can result in acceptable numbers as well.
The old adage of taking a multiple of the gross profits earned by a...
6th Circuit hears oral argument in Ohio wine shipping case. Questions regarding implementing an out-of-state license and the evidentiary basis for factual assertions regarding public health and safety justifications for shipping prohibitions predominate.
The appeal results from a challenge in Ohio. An out-of-state wine retailer and an...
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.
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.
A Court’s grant of an injunction to a beer distributor prohibiting Constellation from moving...
Valuable insight on packaging design and labeling offered in Court’s dismissal of claims that hard seltzer conveyed the impression it contained tequila. Saying “Margarita Hard Seltzer” is not the same as saying “Sparkling Margarita” or “Margarita Cocktail.”
Context is crucial. That’s the takeaway from this recent opinion out of a New...
Court finds TTB label approval does not preclude Lanham Act false advertising claims in dispute between two brands looking to claim status as the “First African-American Owned Distillery in Kentucky.”
Every once in a while competing alcohol brands will get involved in a dispute...
