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Three-Tier System

13 published works

  1. Libation Law Blog

    Ohio Wine Shipping Case: Circuit Split or Sour Grapes?

    By Ashley Brandt

    There is an old move in appellate practice: when the facts do not go your way, make the case sound bigger than the facts. Call it a split. Call it…

  2. Libation Law Blog

    “Unquestionably Legitimate” and Day v. Henry: Will the Supreme Court Finally Clarify Retailer Direct-to-Consumer Shipping After Tennessee Wine?

    By Ashley Brandt

    The dicta that ate the doctrine Watch modern alcohol-case briefing for five minutes and you’ll see the same incantation: the three-tier system counts as “unquestionably legitimate.” The phrase originated in…

  3. Alcohol & Food Law

    How to Start an Alcohol Distribution Business in New York

    By Lindsey A. Zahn

    The alcohol industry is highly regulated, and New York is no exception. If you’re considering starting a distribution business in the Empire State, understanding the licensing process, compliance requirements, and…

  4. Libation Law Blog

    Illinois Federal Court Upholds Three-Tier System Against Out-of-State Retailer Shipping Challenge

    By Ashley Brandt

    The Northern District of Illinois has weighed in on the ongoing national fight over state laws that bar out-of-state retailers from shipping alcohol directly to in-state consumers. In Freehan v.…

  5. Libation Law Blog

    Standing Still: California Wine Law Challenge Falls on Procedural Grounds, Not the Dormant Commerce Clause

    By Ashley Brandt

    The federal court decision in Dwinell, LLC v. McCullough, No. 2:23-cv-10029-SB-KES (C.D. Cal. Apr. 7, 2025), offers an instructive reminder that the biggest hurdles for those challenging alcohol laws under…

  6. Libation Law Blog

    Ohio’s Wine Shipping Battle: Block v. Canepa – A Final Blow in the District Court

    By Ashley Brandt

    Another federal court has weighed in on the ongoing war over direct-to-consumer wine shipping, and Ohio has scored a victory in Block v. Canepa. After a Sixth Circuit remand and…

  7. Libation Law Blog

    6th Circuit rules in favor of 3-tier system blocking access to out-of-state liquor retailers in Michigan case looking to allow out-of-state retailers to deliver to in-state consumers where in-staters have that privilege.

    By Ashley Brandt

    In case you don’t want to read through this, the majority of the reasoning allowing discrimination between in-state and out-of-state liquor retailers in this opinion rests on the rationale that…

  8. Alcohol Law Advisor

    Federal District Court Rejects Craft Brewers’ Equal Protection and Due Process Challenge of Texas’ Ban on Brewer Off-Premises Retailing

    By Marc Sorini, Bethany Hatef

    On March 20, 2018, a federal district court in Texas issued an opinion in Deep Ellum Brewing, LLC, et al. v. Texas Alcoholic Beverage Commission. The court delivered a blow…

  9. Alcohol Law Advisor

    Understanding the Three-Tier System: Its Impacts on U.S. Craft Beer and You

    By Marc Sorini

    Understanding the U.S. market for alcohol beverages, including beer, requires an understanding of the three-tier system. Whether viewed with deep reverence or great scorn, it is a system of distribution…

  10. Craft Beer Law Prof

    Ever Played Jenga? Too Many Exceptions to Tied-House Laws Render the Whole System Vulnerable

    By Daniel Croxall

    So it’s no secret that I am a supporter of tied-house laws and the three-tier system. They serve the following important policy objectives: preventing vertical and horizontal integration in the…