Beer wholesaler Frederick P. Winner, Ltd., sued Pabst Brewing Co. over Pabst’s termination of the beer distribution rights the brewer had granted to the wholesaler. The termination came after a change in Pabst’s ownership. The beer distributor claimed the
Continue Reading 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.
Ashley Brandt Blogs
Latest from Ashley Brandt
In denying out-of-state retailers the right to ship to Missouri residents, 8th Circuit questions whether Courts should allow dormant Commerce Clause challengers to put on evidence.
One of the recent in the battle over out-of-state retailer shipping: Sarasota Wine Market v. Schmitt is another win for alcoholic beverage wholesalers. You can read our prior posts on this case here, here and here.
Briefly, out-of-state
Continue Reading In denying out-of-state retailers the right to ship to Missouri residents, 8th Circuit questions whether Courts should allow dormant Commerce Clause challengers to put on evidence.
CANarchy wins challenge to Texas ABC statute over limits on brewery production sizes for direct from taproom “beer-to-go” sales based on a statutory construction resulting from poor legislative drafting.
CANarchy brought two challenges to the Texas Alcoholic Beverage Code’s 225,000 barrel cap on brewery “beer-to-go” sales. The relevant portions of the statute authorize breweries in Texas to sell beer-to-go, provided they have a production rate below 225,000 barrels annually.
Continue Reading CANarchy wins challenge to Texas ABC statute over limits on brewery production sizes for direct from taproom “beer-to-go” sales based on a statutory construction resulting from poor legislative drafting.
Here’s the oral argument audio in the Bacardi grains of paradise preemption case.
You can read about this case in our previous posts on it here, and here.
A consumer brought suit against Bacardi based on a 150-year-old law on Florida’s books regarding some compounds and ingredients that, prior to decent
Continue Reading Here’s the oral argument audio in the Bacardi grains of paradise preemption case.
Illinois passes liquor control act amendments to clarify and expand in-state delivery and shipping rights for retail liquor licensees (stores, bars, etc.)
Illinois Senate Bill 54 from the state legislature’s last session had a long and tortured history. Despite the fact that I fully support alcoholic beverage retailer delivery and shipping, I criticized the language and sloppy drafting of the various versions
Continue Reading Illinois passes liquor control act amendments to clarify and expand in-state delivery and shipping rights for retail liquor licensees (stores, bars, etc.)
SCOTUS denies Cert. in Lebamoff 6th-Circuit wine retailer shipping case.
This morning, the United States Supreme Court denied the petition for certiorari filed by the plaintiffs in the 6th Circuit Lebamoff – Michigan wine retailer shipping case.
For some background, here is our analysis of the 6th Circuit decision that
Continue Reading SCOTUS denies Cert. in Lebamoff 6th-Circuit wine retailer shipping case.
Winery raising funds without allegedly disclosing that it hadn’t received licensure yet nets ex parte cease-and-desist order from state regulators. A cautionary lesson for wineries, breweries, and distilleries raising start-up capital.
The Vermont Department of Financial Regulation recently issued an ex parte cease-and-desist order to a winery based on concerns that the winery’s SEC Regulation D, Rule 506(b) exempted offering failed to disclose important facts concerning the winery’s lack of licensure.
Continue Reading Winery raising funds without allegedly disclosing that it hadn’t received licensure yet nets ex parte cease-and-desist order from state regulators. A cautionary lesson for wineries, breweries, and distilleries raising start-up capital.
Last day for bars and restaurants (and others) to apply for round-2 Illinois Business Interruption Grants h/t to the Hospitality Business Association of Chicago (links included)
Just got an important reminder from the Hospitality Business Association of Chicago. Today is the last day to apply for the second round of the State of Illinois Business Interruption Grants to offset losses during the various pandemic shutdowns
Continue Reading Last day for bars and restaurants (and others) to apply for round-2 Illinois Business Interruption Grants h/t to the Hospitality Business Association of Chicago (links included)
Out-state Illinois Winery Shipper’s licensees’ must remit state and local taxes on direct-to-consumer wine sales come January 1. Note: collecting local taxes proves taxation is not a reason to argue against retailers’ interstate commerce in alcohol.
The country-spanning impact of South Dakota v. Wayfair just hit the Illinois direct-to-consumer wine market. The Illinois Department of Revenue has announced that beginning January 1, Winery Shipper’s License holders with no physical presence in Illinois will need to remit
Continue Reading Out-state Illinois Winery Shipper’s licensees’ must remit state and local taxes on direct-to-consumer wine sales come January 1. Note: collecting local taxes proves taxation is not a reason to argue against retailers’ interstate commerce in alcohol.
A welcome opinion based on common sense trademark analysis as Molson Coors wins fizzy hard seltzer name argument against Brizzy maker at 5th Circuit.
The saga over “fizzy” named hard seltzers Brizzy and Vizzy added another chapter in favor of Molson Coors with this 5th Circuit opinion upholding the lower court’s denial of an injunction to Brizzy-maker, Future Proof Brands, in its attempt
Continue Reading A welcome opinion based on common sense trademark analysis as Molson Coors wins fizzy hard seltzer name argument against Brizzy maker at 5th Circuit.