Ohio Court Rules Against Attempt by Pabst to Terminate Ohio Distributors

 An Ohio judge ruled for distributors and against Pabst in its effort to terminate distributors.   Pabst Brewing Co. stock was sold to Pabst Holding Co and Pabst Holding claimed to be a successor manufacturer.  They terminated existing distributors under OH Franchise Act and the distributors brought this matter to court.   The court stated that interpretation of…Read More

Supreme Court denies certiorari in Wine Country case

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

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

New Jersey Seeks Panel and En Banc Reheaing in Third Circuit

The New Jersey Attorney General office filed a petition for panel and en banc rehearing in the Third Circuit case.  A copy of their petition is attached here.  New Jersey alleges that the panel that heard the 3rd Circuit did not interpret Granholm correctly,  that they entertained new arguments without giving New Jersey a chance…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