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CRAFT BREWERS SEEKING TO CREATE THEIR OWN WHOLESALE COMPANIES AND BY-PASS TRADITIONAL DISTRIBUTORS WITH THEIR FRANCHISE ENTANGLEMENTS

Law Offices of John P. Connell, P.C.: As reported in today’s Boston Globe, Night Shift Brewing Company of Everett, a farmer-brewer licensed pursuant to G.L. c. 138, section 19C, has commenced its own wholesaler business pursuant to G.L. c. 138, Section 18, so as to avoid using the more established wholesalers/distributors in Massachusetts. Such traditional brewer-wholesaler distribution arrangements reduce significantly Continue Reading...
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REGULATORS OF ALCOHOLIC BEVERAGES CAN BE FOUND INDIVIDUALLY LIABLE WHEN INTERFERING WITH CONSTITUTIONAL RIGHT TO FREE COMMERCIAL SPEECH

Law Offices of John P. Connell, P.C.: Free speech prevailed for Maryland’s Flying Dog Brewery in its recent six-year battle with the Michigan Liquor Control Commission. Back in 2009 when the brewery released it’s new Belgian-style IPA called “Raging Bitch,” the Michigan Liquor Control Commission quickly banned it from being sold in the state. The Commission considered “Raging Bitch” to Continue Reading...
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TOWNS AND CITIES PUTTING THE SQUEEZE ON NIPS

Law Offices of John P. Connell, P.C.: Towns and cities in Massachusetts such as Framingham and Wareham in recent years have debated whether to impose municipal wide regulations that would ban the sale of so-called “nips” from liquor stores operating within those communities. Nips (a term derived from the word “nipperkin,” meaning a unit of liquid measurement containing less than Continue Reading...
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THE PERILS OF NOT RENEWING YOUR LICENSE AFTER A SUSPENSION OR REVOCATION

Law Offices of John Connell, P.C.: The ABCC has released two recent decisions demonstrating that a licensee who has a suspended or revoked license must still renew the license in November of the same calendar year in order to pursue an appeal at the ABCC for that discipline during the succeeding year. While it may seem counterintuitive to file an Continue Reading...
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M.S. WALKER LOSES EPIC 25E BATTLE WITH CONSTELLATION BRANDS AT ABCC

Law Offices of John P. Connell, P.C.: On February 11, 2016, the ABCC rendered its Memorandum And Order On Respondent’s Motion For Summary Judgment in the long-running litigation between M.S. Walker, Inc. and Constellation Brands, Inc., which seemingly has ended at the ABCC, anyway, M.S. Walker’s attempt to retain continued shipments of certain wine brands pursuant to Massachusetts General Law, Continue Reading...
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