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Tito’s Scorecard

scoreI don’t mean to keep harping on the Tito’s Vodka cases — but there sure are a lot of them — and they are important. Because there are so many, it is not easy to keep track of how it’s going, hence this handy Scorecard. Most of the cases are slowly grinding along, with no clear winner or loser (as shown with the ⇔ symbol). At one extreme, the Aliano case went especially well for Tito (⇑). At the other extreme is the Hofmann case (⇓). In late November Judge Miller allowed Hofmann, the first-filed case, to go forward, past the defendant’s motion for summary judgment. It got even worse, five days later, when the court gave the plaintiffs permission to go into the plant and see exactly how Tito’s Vodka is made, despite the company’s strong objections.


 

Plaintiff (State)Status (Filed Date)Notes
Aliano (IL)Closed. Dismissed 9/24/2015. (11/7/2014)⇑⇑ Big win for Tito.
Cabrera (CA)Open. On 11/20/2015 Judge Miller denied Tito's motion for summary judgment. (12/22/2014)⇓ This case is not going well for the defendant.
ConsolidationClosed. The Hofmann lawyers withdrew their motion to consolidate the cases listed on this table on 5/15/2015. (4/6/2015)
Emanuello (MA)Open. (4/3/2015)
Grayson (NV)Open. (1/26/2015)
Hofmann (CA)Open. On 11/20/2015 Judge Miller denied Tito's motion for summary judgment , and on 11/25/2015 the court ok'd a site visit. (9/15/2014)⇓⇓ This case is not going well for the defendant.
McBrearty (NJ)Open. (10/24/2014)
Pye (FL)Open. On 9/23/2015 the federal court dismissed the statutory deception-type claims but let stand the warranty-type claims. (9/25/2014)
Singleton (NY)Open. (4/7/2015)
Terlesky (OH)Open. 11/17/2015 the court dismissed the statutory deception-type claims but let stand the warranty-type claims. (6/4/2015)
Wilson (AL)Closed. Dismissed 9/30/2015. (8/4/2015)⇑ Win for Tito.

 

We reached out to Tito and his lead lawyer to make sure we are not missing anything important, and to ask a few questions, as follows. From early on, Tito said he knew it was going to be a long haul.

How’s it going? Business has continued to be good. The lawsuits have been a distraction. But our consumer base is growing, and they have been extremely loyal. They appreciate Tito’s Handmade Vodka for what it is:  a premium quality vodka at a price they can afford. That’s what we set out to make, and the fact that our fans appreciate it makes it all worthwhile.

Do you still think you are going to win? Yes, we do believe we will win. So far, the cases that have been decided on the merits have gone our way. The others are still in the early stages.

Anything you want to say and can say that has not already been in the media? As the courts get more into the issues, they are starting to understand that the regulatory process we have to go through to get label approval means something. And when the federal government issues an approval for our labels, it means they have found them to be in compliance and not misleading to consumers. Everyone in the industry should be able to rely on their approved labels to do business.

Why not just settle or compromise? Settling cases like these simply invites more people to bring more cases. Some principles are worth fighting for.

Biggest surprises about our legal system, so far? Things move slowly in the court system. And in the early stages, people can make a lot of baseless accusations and get the benefit of the doubt for a long time, with no real skin in the game and no downside when those accusations are disproven.

How if at all have the cases affected sales? I haven’t had anyone tell me they won’t buy the product because we’ve been sued. To the contrary, I’ve had people tell me that this means I’ve arrived. All I know is we keep doing the same thing we’ve been doing for years; we just do more of it.

What else? On the Florida case … continued here.

With so many cases pending, and so much at stake, it won’t be long until this scorecard needs a major update.

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