Tag Archives: PACT Act

Federal Court Holds UPS Liable for Transporting Indian Smokes

Here is the 200+ page order in State of New York v. United Parcel Service (S.D. N.Y.): 526 DCT Order Prior post here.

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , , ,

Federal Magistrate Recommends Dismissal of CCTA and PACT Act Claims against Six Nations Grand River Enterprises

Here are the materials in State Of New York v. Grand River Enterprises Six Nations LTD (W.D. N.Y.): 79-3 Motion to Dismiss 81-1 Motion to Dismiss and Motion for Stay of Discovery 84 NY Opposition 88 Reply in Support of 79 … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research | Tagged , , ,

New York Largely Prevails in Smokes Suit against King Mountain Tobacco

Here are the materials in State of New York v. King Mountain Tobacco Co. (E.D. N.Y.): 195-1 King Mountain Motion for Summary J 197-1 NY Cross Motion 201 NY Opposition 202 King Mtn Opposition 205 King Mtn Reply 206 NY … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , , ,

D.C. Circuit Rejects Seneca Member’s Challenge to PACT Act as Moot

Here is the opinion in Gordon v. Lynch. An excerpt: Since Gordon faces only a remote risk of federal prosecution or civil penalties, and any further merits decision would not shield him from the effects of possible state or local … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , ,

Materials in PACT Act & CCTA Claim in New York

Here are the materials in State of New York v. King Mountain Tobacco Co. (E.D. N.Y.): 142-5 Delbert Wheeler Motion to Dismiss 143 New York Response 147 New York Response 149 Delbert Wheeler Reply 151 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , ,

D.C. Circuit Affirms Injunction against Enforcement of PACT Act

Here are the materials in Gordon v. Holder (opinion link & PDF): Gordon Brief DOJ Brief Anti-Smoking Amici in Support of DOJ Convenience Stores Amici in Support of DOJ NYC Amicus in Support of DOJ State Amici in Support of … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , , , , , | 2 Comments

Federal Court Enjoins Seneca Member-Owned “All Of Our Butts” from Selling Smokes in New York City

Here are the materials in City of New York v. Gordon (S.D. N.Y.): DCT Order Granting Injunction City Motion for PI Gordon Motion to Dismiss An excerpt: Plaintiff, the City of New York (“the City”), brought this action seeking injunctive … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , , , , , , , , | 2 Comments

Brief in Gordon v. Holder (PACT Act Injunction Case)

The Government’s brief arguing against Judge Lamberth’s injunction is here. Previous coverage is here.

Posted in Author: Kate E. Fort, economic development, taxation | Tagged , , ,

Judge Lamberth Enjoins PACT Act in Gordon v. Holder

Here is the BLT coverage. And the materials: Gordon Motion for PI USA Response City of New York Amicus Brief Convenience Stores Amicus Brief Public Citizen Litigation Group Amicus Gordon Reply [includes significant attachments] USA Reply DCT Order Enjoining PACT Act

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , , , , | 4 Comments

Second Circuit Affirms Preliminary Injunction against Enforcement of PACT Act against Red Earth LLC

Here is today’s opinion in Red Earth LLC v. United States: 10-3165_opn An excerpt: Appeal from an order of the Western District of New York (Richard J. Arcara, Judge) granting a preliminary injunction to stay enforcement of provisions of the Prevent … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , , , ,