Hemi Group v. City of New York
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-969 | 2d Cir. | Nov 3, 2009 | Jan 25, 2010 | 5-3 | Roberts | OT 2009 |
Holding: New York City cannot use the Racketeer Influence and Corrupt Organizations Act to collect damages against out-of-state internet vendors who fail to pay city cigarette taxes.
Judgment: Reversed and remanded, 5-3, in an opinion by Chief Justice Roberts on January 25, 2010. Justice Ginsburg joined the opinion of the Court in part. Justices Breyer, Stevens, and Kennedy dissented. Justice Sotomayor took no part in the decision.
SCOTUSblog Coverage
- No RICO liability for out-of-state vendors (Anna Christensen, January 26, 2010)
- Unassessed Taxes and Injury Under RICO (Anna Christensen, November 6, 2009)
- Does RICO Confer Standing Upon State and Local Governments? (Hemi Group, LLC v. City of New York Argument Preview) (Anna Christensen, October 28, 2009)
Briefs and Documents
Merits Briefs
- Brief for Petitioner Hemi Group, LLC and Kai Gauchupin
- Brief for Respondent City of New York
- Reply Brief for Petitioner Hemi Group, LLC and Kai Gauchupin
Amicus Briefs
- Brief for the States of Indiana, Alabama, Florida, Hawaii, Idaho, Illinois, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, New Jersey, New Mexico, Ohio, Pennsylvania, South Carolina, Utah, West Virginia, and Wyoming in Support of Respondent
- Motion for Leave to File Brief of Amicus Curiae the Campaign for Tobacco- Free Kids and Accompanying Brief in Support of Respondent
- Petitioners’ Supplemental Brief in Response to the Brief of Amicus Curiae the Campaign for Tobacco-Free Kids
Certiorari-stage documents
- Opinion Below (2d Circuit)
Merits Briefs
- Brief for Petitioner Hemi Group, LLC and Kai Gauchupin
- Brief for Respondent City of New York
- Reply Brief for Petitioner Hemi Group, LLC and Kai Gauchupin
Amicus Briefs
- Brief for the States of Indiana, Alabama, Florida, Hawaii, Idaho, Illinois, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, New Jersey, New Mexico, Ohio, Pennsylvania, South Carolina, Utah, West Virginia, and Wyoming in Support of Respondent
- Motion for Leave to File Brief of Amicus Curiae the Campaign for Tobacco- Free Kids and Accompanying Brief in Support of Respondent
- Petitioners’ Supplemental Brief in Response to the Brief of Amicus Curiae the Campaign for Tobacco-Free Kids
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