Norris McLaughlin, P.A. Secures Appellate Victory in the Second Department for D.G. Yuengling & Son, Inc.

New York, NY (August 22, 2025) – The law firm Norris McLaughlin, P.A. successfully represented D.G. Yuengling & Son, Inc. in a significant decision issued by the New York Appellate Division, Second Department, in Oak Beverages, Inc., et al. v. D.G. Yuengling & Son, Inc. The Court affirmed the dismissal of multiple claims, including those brought under New York’s Alcoholic Beverage Control Law (ABC Law) § 55-c, breach of contract, and antitrust allegations, alleged by Oak Beverages, Inc. and Boening Bros., Inc. against Yuengling and co-defendant Manhattan Beer Distributors.

In a ruling of first impression in the Second Department, the Court also clarified that ABC Law § 55-c(4), which prohibits brewers from terminating agreements with wholesalers without good cause and an opportunity to cure, applies not only to written agreements but also to non-written arrangements and commercial relationships. Despite finding a non-written agreement to be covered by § 55-c, the Second Department nevertheless affirmed the dismissal of the Plaintiffs’ complaint because they failed to properly plead the essential and material terms of their alleged distribution agreements with Yuengling which were purportedly breached. A link to the Second Department’s decision is here.

The Norris McLaughlin, P.A. team representing Yuengling included Theodore J. Zeller III, Esq., Robert Mahoney, Esq., Kimbrilee M. Weber, Esq., and Mark L. Weyman, Esq., with Weyman successfully arguing the appeal before the panel.

“This ruling provides important guidance on the scope of protections afforded to wholesalers under New York’s Alcoholic Beverage Control Law, while confirming the dismissal of claims asserted against our client,” said Zeller, Chair of the firm’s Liquor Law Practice Group.

Norris McLaughlin, P.A.’s Liquor Law Practice Group has extensive experience representing brewers, distributors, and related businesses in regulatory, commercial, and litigation matters across the industry.

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Norris McLaughlin, P.A., is a multi-practice, commercial law firm with offices in New Jersey, New York, and Pennsylvania, delivering legal solutions to clients wherever they conduct their business, including nationally and internationally. The firm’s nearly 130 attorneys practice in more than 25 legal disciplines and industry-focused groups and serve a wide range of clients, including small businesses, middle-market companies, and Fortune 500 corporations, as well as the private individuals and families who may own, lead, and/or manage those companies. Norris McLaughlin is a member of Meritas®, a global alliance of leading independent law firms. To learn more, visit www.norrismclaughlin.com.