PACT Act – Page 3 – Turtle Talk

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 lawsuits, the case is moot. We affirm the district court’s vacatur of the preliminary injunction for lack of jurisdiction, and we therefore do not reach the district court’s further conclusion that the case is prudentially moot.

Prior posts here and here.

Materials in PACT Act & CCTA Claim in New York

December 17, 2014Matthew L.M. Fletcher

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

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

June 28, 2013June 28, 2013Matthew L.M. Fletcher2 Comments

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 DOJ

DOJ Reply

Gordon Reply

Lower court materials here.

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

May 23, 2013Matthew L.M. Fletcher2 Comments

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 relief, penalties, and damages for violations of the Prevent All Cigarette Trafficking Act (“PACT Act”), 15 U.S.C. § 375 et seq.; the Contraband Cigarette Trafficking Act (“CCTA”), 18 U.S.C. § 2341 et seq.; the Cigarette Marketing Standards Act (“CMSA”), N.Y. Tax L. § 483 et seq.; and the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq. The City has moved for a preliminary injunction pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, enjoining Defendants Robert and Marcia Gordon (together “the Gordon Defendants”) from violating the PACT Act and the CMSA; and Defendants Marcia Gordon and Regional Integrated Logistics, Inc. d/b/a Regional Parcel Services (“RPS”) from violating the CCTA. Defendants have moved to dismiss the case for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, the City’s motion for a preliminary injunction is GRANTED, and the Defendants’ motions to dismiss are DENIED.

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

June 11, 2012Kate Fort

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

Previous coverage is here.

Judge Lamberth Enjoins PACT Act in Gordon v. Holder

December 6, 2011Matthew L.M. Fletcher4 Comments

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

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

September 20, 2011Matthew L.M. Fletcher

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 All Cigarette Trafficking Act (“PACT Act”) that require mail-order cigarette sellers to pay state excise taxes. The government argues that the district court erred in concluding that plaintiffs were likely to succeed on their claim that the PACT Act’s provision requiring out-of-state tobacco sellers to pay state excise taxes regardless of their contact with that state violates due process. We affirm the district court’s order granting the preliminary injunction.

Briefs are here and here and here.

D.C Circuit Reverses Dismissal of Seneca Indian’s Challenge to PACT Act

February 19, 2011Matthew L.M. Fletcher

Here is the opinion in Gordon v. Holder.

An excerpt:

Plaintiff-Appellant Robert Gordon is a Seneca Indian and a delivery seller of tobacco products. As a delivery seller, Gordon distributes his products by mail, rather than through abrick-and-mortar retail store. See 15 U.S.C. § 375(5)–(6). Prior to the PACT Act, ninety-five percent of Gordon’s business came from the sale of tobacco by internet and phone. But since the Act’s passage, Gordon claims he has lost almost all of his business due to the remedial measures Congress enacted.