After several years of litigation, Thompson Coburn successfully secured the dismissal with prejudice of all claims brought against Southern Glazer’s Wine and Spirits and Mast-Jäegermeister, following a decisive reversal by the U.S. Court of Appeals for the Eighth Circuit.
The case began in 2018 when Major Brands, a Missouri-based alcohol distributor, sued Southern Glazer’s and Jäegermeister after it chose to transfer its distribution rights in Missouri from Major Brands to Southern Glazer’s. Major Brands alleged it had a franchise relationship that could not be terminated and further accused Southern Glazer’s of tortious interference. Representing both defendants, Thompson Coburn successfully removed the case to the U.S. District Court for the Eastern District of Missouri.
In 2021, after losing a jury trial, Thompson Coburn pressed forward with an appeal to the Eighth Circuit, arguing the District Court misapplied Missouri law with respect to what constituted a franchise relationship. In late 2024, the Eighth Circuit reversed the jury verdict in its entirety and remanded the case for a new trial. The Court agreed with Thompson Coburn that the jury instructions incorrectly focused on whether Major Brands made brand-specific investments rather than on whether the investments were significant and non-recoverable, a critical component of any franchise relationship.
Following the Eighth Circuit’s opinion, Major Brands, now Breakthru Beverage, decided the best path forward was to dismiss the action with prejudice, bringing a definitive end to the dispute.
This case has significant implications for businesses in Missouri and beyond, as the franchise statute at issue applies to all industries, and many states have similar franchise statutes and look to each other’s interpretations for guidance.
Thompson Coburn’s trial team included Jan Paul Miller and Amanda Hettinger, with key contributions from Nick Lamb, Larry Friedman, Danny Garcia, and former colleagues Leslie Williams and Elise Puma. Steve Higgins provided early strategic counsel. The appeal was argued by Booker Shaw, with Amanda Hettinger, Allie Spors, and Danny Garcia handling briefing and support.