In addition to what we generally think of as the “regular” reasons for terminating an alcoholic beverage franchise agreement without cause: bankruptcy, fraud in the dealings between a wholesaler and a manufacturer/supplier, suspension or termination of a distributor’s license or
Ashley Brandt Blogs
Latest from Ashley Brandt
Petition for SCOTUS review filed in North Carolina alcohol shipping case (the one with the great dissent from Judge Wilkinson).
You’ll recall our coverage of the cogent dissent that Judge Wilkinson penned in B-21 Wines, Inc. v. Bauer earlier this year. A quick refresher, this case involves another in the line of Dormant Commerce Clause challenges to out-of-state retailer
Yes, changing your advertising and discontinuing your beverage can make a difference: Court nails coffin shut on Olympia Beer class action over “It’s the Water”
When last we wrote, things didn’t look so good for Pabst’s Olympia Beer – they had been fighting a class action alleging damages because consumers were deceived by their “It’s the Water” printed advertising and packaging slogan. They got there
A good reminder out of Maine – beer distribution franchise laws generally incorporate themselves into contracts whether the parties want it or not.
Vacationland Distributors brought suit against Fore River Brewing Co., following notice that Fore River Brewing sent to the beer wholesaler stating that the brewer did not intend to continue its distribution relationship with Vacationland and intended to directly distribute
5th Circuit’s pun-filled opinion upholds CANarchy’s right to sell beer to go in Texas because it leases and does not “own” most of its breweries across the country.
When we first wrote about this matter back in February of 2021, it was to tell you that CANarchy had won a challenge to the Texas Alcoholic Beverage Commission’s interpretation of a Texas alcoholic beverage control law limiting the right
Selling alcoholic beverages in Illinois? Retailers, wholesalers, distilleries, breweries and wineries should get familiar with the soon-to-be new rule regarding alcoholic beverage promotions involving coupons and rebates; scan backs are prohibited.
Following an initial first-round publication (now edited) and two rounds of comments (here and here), the Illinois Liquor Control Commission has now provided the Joint Committee on Administrative Rules with a second publication and partially edited proposed Administrative
In a win for Illinois hospitality, bars, hotels, restaurants, liquor stores, theaters and other “1A” Retailer Liquor Licensees receive full license fee waivers for upcoming 2022-2023 renewals.
In a boon to Illinois’s hospitality industry, the Illinois Liquor Control Commission has announced the implementation of the liquor license fee reduction enacted by Governor Pritzker’s signing the 2023 budget.
The budget requires the ILCC to waive the license renewal
The TTB’s Ten proposed changes that you’ll want to know about regarding: reporting inventory, trade names, beer destruction, tavern premises, ownership and managerial changes, applying for a brewer’s notice, records maintenance, and terminating operations
In Notice of proposed rulemaking No. 212 (“Modernization of Qualification Requirements for Brewer’s Notices), the TTB recently proposed these changes to the Code of Federal Regulations governing brewers, brewing, and brewery operations and control. Comments are accepted through August
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
The Court of Appeals of Maryland has affirmed a lower appellate court’s reversal of a win that Pabst had against a Maryland beer wholesaler under Maryland’s beer franchise law, the Maryland Beer Franchise Fair Dealing Act. The case is
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.
Judge Friendly often proved the power of an articulate and well-reasoned dissent. His dissents led to Supreme Court review, en banc consideration, and future policy and precedent. Judge Wilkinson has a Friendly-esque track record and his recent dissent in a