Topic
Three-Tier System
13 published works
Libation Law Blog
Ohio Wine Shipping Case: Circuit Split or Sour Grapes?
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…
Libation Law Blog
“Unquestionably Legitimate” and Day v. Henry: Will the Supreme Court Finally Clarify Retailer Direct-to-Consumer Shipping After Tennessee Wine?
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…
Alcohol & Food Law
How to Start an Alcohol Distribution Business in New York
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…
Libation Law Blog
Illinois Federal Court Upholds Three-Tier System Against Out-of-State Retailer Shipping Challenge
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.…
Libation Law Blog
Standing Still: California Wine Law Challenge Falls on Procedural Grounds, Not the Dormant Commerce Clause
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…
Libation Law Blog
Ohio’s Wine Shipping Battle: Block v. Canepa – A Final Blow in the District Court
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…
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.
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…
Alcohol Law Advisor
Federal District Court Rejects Craft Brewers’ Equal Protection and Due Process Challenge of Texas’ Ban on Brewer Off-Premises Retailing
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…
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…
Craft Beer Law Prof
Ever Played Jenga? Too Many Exceptions to Tied-House Laws Render the Whole System Vulnerable
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…