HF 1947

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liquor; modifying judicial remedies 
  1.3             pertaining to brewers and wholesalers; providing for a 
  1.4             right to jury trials; amending Minnesota Statutes 
  1.5             1998, section 325B.08. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 325B.08, is 
  1.8   amended to read: 
  1.9      325B.08 [JUDICIAL REMEDIES.] 
  1.10     If a brewer engages in conduct prohibited under sections 
  1.11  325B.01 to 325B.17, a wholesaler may maintain a suit before a 
  1.12  jury against the brewer in federal or state court in Minnesota.  
  1.13  Such a venue and right to trial by jury may not be waived except 
  1.14  at the time that the lawsuit is filed.  The court may grant 
  1.15  equitable relief as is necessary to remedy the effects of 
  1.16  conduct which it finds to exist and which is prohibited under 
  1.17  sections 325B.01 to 325B.17, including, but not limited to, 
  1.18  declaratory judgment and injunctive relief.  The court may, if 
  1.19  it finds that the brewer has acted in bad faith in invoking the 
  1.20  amendment, termination, cancellation or nonrenewal provisions of 
  1.21  sections 325B.01 to 325B.17, or has unreasonably withheld its 
  1.22  consent to any assignment, transfer or sale of the wholesaler's 
  1.23  agreement, award punitive damages, as well as actual damages, 
  1.24  costs and attorneys fees. 
  1.25     Sec. 2.  [EFFECTIVE DATE.] 
  2.1      Section 1 is effective the day following final enactment.