There has been a counterclaim by ABI, an Amended Complaint by Dichello and an Answer by Dichello in the pending dispute over the ABI equity agreement.
The case will move towards discovery on the various claims and counterclaims. At the heart of the issue is if the contract provisions whereby ABI purports to control the manager of this business (which sells beer other than ABI) violates the Connecticut Beer Franchise Act. This will be a very interesting case as it develops.
(earlier post) Lawsuit Filed by Independent Beer Distributor Against Anheuser-Busch Alleging Various Violations of Law and Contract
A lawsuit has been filed in Connecticut state court by an independent beer distributor against its largest supplier alleging various violations of Connecticut law. The Complaint alleges breach of contract, breach of fiduciary duty, tortious interference of contract, conspiracy, common law fraud and theft, as well as violations of Connecticut’s beer franchise and three tier laws.
These allegations relate to the interactions between Dichello Distributors and its largest supplier, Anheuser-Busch. Parts of the Complaint stem in part from an employee that Anheuser-Busch required Dichello to give partial ownership to as well as hire under their supplier contract. The Complaint highlights some problems that arose from that arrangement as well as other demands by the supplier that caused harm to Dichello.
Anheuser-Busch has filed documents in both state and federal court removing this case to the federal court system. They have yet to file an Answer to the Complaint.
The Court has issued an initial scheduling order with deadlines for discovery by mid September, discovery by mid January and filing of dispositive motions by February, 2021. These dates could obviously shift based upon requests from the parties.
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