Today the United States Supreme Court issued a long list of orders. On this list was the denial of certiorari in the Wine Country Gift Baskets v. Steen case out of the 5th Circuit. The orders can be found here. The Supreme Court decision leaves in place the ruling of the 5th circuit upholding the…Read More
Supreme Court denies certiorari in Wine Country case
NY: US District Court Strikes Down Brewer’s Attempt to Circumvent Franchise Laws
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
National Conference of State Legislatures clarifies their official view of direct shipping
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
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
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