A quick post noting that a county court in Missouri has ruled that Major Brands and Diageo had a franchise arrangement under Missouri law and that Diageo wrongfully terminated but determined that monetary damages not an injunction was the proper remedy in this matter. This case will proceed towards a trial and additional discovery including cross…Read More
Supreme Court Clarifies Warrants Needed for Blood Tests in DUI Cases.
April 18, 2013 Supreme Court
The Supreme Court issued a 8-1 decision in Missouri v. McNeely holding that police officers cannot routinely conduct warrantless blood-alcohol tests. A warrant requirement “must be determined case by case based on the totality of the circumstances.” The court affirmed that this case derived from a routine DWI stop that presented no exigent circumstances other…Read More
Oral Argument Held in 8th Circuit Challenge By Southern Wine & Spirits
April 9, 2013 21st Amendment Equal Protection Supreme Court
Today the 8th Circuit held oral arguments on Southern Wine & Spirits appeal of the district court’s ruling in favor of Missouri regarding their wholesaler licensing law. The history of the case and briefing is provided at length below. Sitting on today’s panel were 8th Circuit Judges Colloton and Shepherd as well as Iowa District…Read More
New Virginia Law Helps Industry Members Receive Declaratory Rulings Before Costly Litigation
March 19, 2013 21st Amendment Alcohol Regulation Guest Columns
Virginia recently passed a law that will provide clarity to both brewers and distributors alike. Below is a summary of the bill provided by Walter Marston of Marston & McNally who represents the Virginia Beer Wholesalers Association: An amendment to the Virginia Beer Franchise Act effective July 1 will enable breweries and beer wholesalers to…Read More
IL Liquor Control Commission Lets ABInBev Keep 30% Stake in Distributor Despite Law Change
November 1, 2012 21st Amendment Alcohol Regulation
In a Halloween opinion after a contested hearing earlier this month, the IL Liquor Control Commission decided NOT to revoke the license of the distributor entities that have a 30% interest from ABInbev. In a 4-2 opinion, the four Commissioners stated that the Law Division of the ILLCC had not met its burden to revoke…Read More
