United States District Court Judge Garaufis in Brooklyn has ruled that New York’s beer franchise statute protects distributors from arbitrary termination. The Court ruled that an importer is a “successor brewer” under the current law and as such is not allowed to terminate its wholesaler without showing good cause. The importer had attempted to terminate its…Read More
NY: US District Court Strikes Down Brewer’s Attempt to Circumvent Franchise Laws
February 8, 2011 Alcohol Regulation
National Conference of State Legislatures clarifies their official view of direct shipping
January 2, 2011 21st Amendment Alcohol Regulation Supreme Court
Update: Since the National Conference of State Legislatures (NCSL) continues to have its position on direct shipping interpreted wrongly across the country, they have sought to clarify it. Recently, they have written to one attorney asking for clarity to avoid stating that the the full NCSL had endorsed a wine model shipping legislation. Click here for the letter….Read More
No National Contract. Michigan Court Rules on MillerCoors Proposed Contract
July 1, 2010 21st Amendment Alcohol Regulation
The Michigan courts have clearly held that anyone wanting to sell alcohol in Michigan has to abide by Michigan law. In a very strongly worded opinion, a Michigan State Court has upheld the decisions of the Michigan Liquor Control Commission finding that the proposed MillerCoors contract violated several aspects of Michigan alcohol law. In his…Read More
9th Circuit Rules for Arizona in Volume Cap and In Person Challenge
April 13, 2010 21st Amendment Alcohol Regulation
UPDATE…….. ARIZONA WINS The 9th Circuit has issued a ruling. The state of Arizona wins, volume caps and face to face purchase requirements are permissible. Read the ruling here. (OLDER POST) On September 15th, the 9th Circuit heard oral arguments of a wineries appeal of an Arizona district court’s decision upholding the state’s winery laws. Click here if you would like to hear the…Read More
California Attorney General Warns Suppliers and Importers: Do Not Control Other Licensees
February 15, 2010 21st Amendment Alcohol Regulation Guest Columns
In a very forceful advisory, the California Attorney General has made it clear that California law does not allow suppliers to micromanage and control distributor licensees. This guidance apparently went to over 600 importers and suppliers. The staff of the attorney general actually spent time reviewing the proposed supplier contracts to state law and were very concerned…Read More
