Here are the materials in State Of New York v. Grand River Enterprises Six Nations LTD (W.D. N.Y.):
81-1 Motion to Dismiss and Motion for Stay of Discovery
PACT Act
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.):
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 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.
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.):
D.C. Circuit Affirms Injunction against Enforcement of PACT Act
Here are the materials in Gordon v. Holder (opinion link & PDF):
Anti-Smoking Amici in Support of DOJ
Convenience Stores Amici in Support of DOJ
Lower court materials here.
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.):
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)
Judge Lamberth Enjoins PACT Act in Gordon v. Holder
Here is the BLT coverage. And the materials:
Convenience Stores Amicus Brief
Public Citizen Litigation Group Amicus
Gordon Reply [includes significant attachments]
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 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.
D.C Circuit Reverses Dismissal of Seneca Indian’s Challenge to PACT Act
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.
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