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Tex. Alco. Bev. Code § 102.79

JUDICIAL REMEDIES

Known as the Malt Beverage Industry Fair Dealing Law

The act spans §§ 102–102 (12 sections).

Applied in 4 court decisions — leading case Nauslar v. Coors Brewing Co. (2005)

Most recently applied in in Re Xerox Corporation and Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc (June 2018)

Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff

How often courts cite this section

20012010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) If a brewer or distributor who is a party to an agreement pursuant to Section 102.51 fails to comply with this Act or otherwise engages in conduct prohibited under this Act, or if a brewer and distributor are not able to mutually agree on reasonable compensation under Section 102.77 and the matter is not to be submitted to arbitration, the aggrieved brewer or distributor may maintain a civil action in a court of competent jurisdiction in the county in which the distributor's principal place of business is located.

(b) In any action under Subsection (a) of this section, the court may grant such relief as the court determines is necessary or appropriate considering the purposes of this Act.

(c) The prevailing party in any action under Subsection (a) of this section shall be entitled to actual damages, including the value of the distributor's business, as specified in Section 102.77 of this code, reasonable attorney's fees, and court costs.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.