Law, Strategy, and Risk in Commercial Disputes
Today the Second Circuit upheld a judgment against cigarette makers who claimed that two New York statutes violated section 1 of the Sherman Act and the commerce clause of the U.S. Constitution. Freedom Holdings, Inc. v. Cuomo, No. 09-0547-cv (2d Cir. Oct. 18, 2010).
The Empire State passed the laws — which the court…
The U.S. Supreme Court took aim today at "the troubling specter of turning RICO into a tax collection statute." Hemi Group LLC v. City of New York, No. 08-969, slip op. at 13 n.2 (U.S. Jan. 25, 2010). But the Court coudn't muster a majority on the reason why the specter had to die (give up the ghost?).…