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
New Jersey Seeks Panel and En Banc Reheaing in Third Circuit
January 20, 2011 All
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
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
Alcohol Deregulation Initiatives Rejected by Citizens of Washington State
November 4, 2010 All
It appears that Costco Corporation’s third bite at the apple in their attempt to deregulate the alcohol market in Washington State has reached the same conclusion as its first two attempts. Following failed attempts in the courtroom and the legislature in recent years, this year Costco spent millions of dollars to get an initiative on…Read More
8th Circuit Tosses Private Challenge to AB-InBev Merger
October 27, 2010 All
The 8th Circuit upeld a district court’s dismissal of a lawsuit challenging the ABInbev merger. The district court had dismissed the case on the pleadings. The 8th Circuit decision upheld the dismissal and serves as a refresher of the chronology of the takeover. Among other things, the plaintiffs lost their attempt to make Carlos Brito and…Read More
