UPS Cert Petition
New York Brief in Opposition
1. The Contraband Cigarette Trafficking Act prohibits the knowing transportation of “a quantity” of more than 10,000 untaxed cigarettes in the “possession” of unauthorized persons. 18 U.S.C. § 2341(2). The first question presented is whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold.
2. The Prevent All Cigarette Trafficking Act of 2009 exempts UPS by name if its tobacco-delivery agreement with New York is “honored” nationwide. 15 U.S.C. § 376a(e)(3)(B)(ii)(I). The second question presented is whether substantial compliance is a prerequisite to this statutory exemption.
Second Circuit materials here:
New York Opening Brief
New York Reply
DCT materials here.
Here is the complaint in St. Regis Mohawk Tribe v. Juul Labs, Inc. (N.D. Cal.):
Here is the complaint in Pala Band of Mission Indians v. Juul Labs, Inc. (N.D. Cal.):
Here is the complaint in Oglala Sioux Tribe v. Juul Labs, Inc. (N.D. Cal.):
Here is the complaint in Fond du Lac Band of Lake Superior Chippewa v. Juul Labs, Inc. (N.D. Cal.):
Here are the materials in Wilhite v. Littlelight (D. Mont.):
Post in related case here.
Here is the petition in Neff v. United States:
1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?
2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?
3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?
Lower court materials here
Here are materials in Hengle v. Asner (E.D. Va.):