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Headlines Tagged with TribesSuit 197 headlines found

4 Views

[New York] Discovery Sanctions Rejected In UPS Untaxed Cigs Suit ($$)

A New York federal judge refused Wednesday to impose discovery sanctions against UPS in a lawsuit from the city and state of New York accusing the company of illegally shipping untaxed cigarettes from Native American reservations, finding that recently ha
Law360
added Sep 15, 2016 17:55
12 Views

[New York, Washington] Tobacco Company Seeks To Stop 2nd Circuit Review Of Trafficking Claims ($$)

A Native American-owned tobacco company on Sept. 2 asked a federal judge in New York to stop the State of New York from appealing the court’s decision to dismiss trafficking claims against it (State of New York v. Mountain Tobacco Company, d/b/a King Moun
Lexis Nexis
added Sep 14, 2016 18:07
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New York Prevails over UPS in Indian Country Smokes Case

The fundamental reason why plaintiffs are entitled to summary judgment and defendant is not is that when UPS was transporting unstamped cigarettes (how many is “TBD”), it was transporting contraband. Pre-amendment § 471 confirms that stamps were required
Turtle Talk (Indigenous Law and Policy Center at Michigan State University blog)
added Sep 14, 2016 02:59
7 Views

THE STATE OF NEW YORK and THE CITY OF NEW YORK, Plaintiffs, v UNITED PARCEL SERVICE, INC.: OPINION & ORDER (PDF)

if a stamp is required (and we know that it is under New York law), then cigarettes that fail to bear evidence of such stamp are contraband; one who transports contraband is liable under the CCTA. This legal reality requires a determination of these mot
Turtle Talk (Indigenous Law and Policy Center at Michigan State University blog)
added Sep 14, 2016 03:02
37 Views

[Canada] New York’s Claims Against Indian Companies Fail, Magistrate Judge Says ($$)

All claims by the State of New York alleging that two Indian enterprises are running a contraband cigarette ring that illegally brings millions of dollars’ worth of cigarettes into New York from Canada should be dismissed because the state fails to plausi
Lexis Nexis
added Sep 2, 2016 22:14
6 Views

[New York, Washington] Native-Owned Tobacco Co. Says NY Can’t Appeal Cig Ruling ($$)

A Native American-owned tobacco maker urged a New York federal judge Thursday to block the state of New York from appealing her recent decision granting the company a partial victory when she cleared it of most federal trafficking claims. King Mountain
Law360
added Sep 2, 2016 21:43
12 Views

[Florida, New York] USA, Plaintiff-Appellee, versus ANTONIO FARIAS, Defendant-Appellant (PDF)

Farias purchased more than 18 million unstamped Marlboro cigarettes from undercover agents of the [ATF], at a significantly below- market price, and he arranged to have the cigarettes transported for sale on an Indian reservation in upstate New York...
US Court of Appeals for the Eleventh Judicial Circuit
added Sep 2, 2016 22:19
5 Views

[New York] UPS Seeks To Exclude Evidence Of Damages In Cigarette Trafficking Suit ($$)

asked a federal judge in New York to bar the State of New York and New York City from presenting the amount of damages they are seeking against it in an upcoming cigarette trafficking trial (The State of New York, et al. v. United Parcel Service Inc., No.
Lexis Nexis
added Sep 1, 2016 16:51
8 Views

[Washington] 1855 Treaty Exempts Tribe From Tobacco Tax, 9th Circ. Told ($$)

An Indian tribe argued to the Ninth Circuit Tuesday that a Washington federal court wrongly ignored a 160-year-old treaty when it determined that a tribe-member-owned tobacco company on tribal land was still subject to a federal product tax. Counsel for
Law360
added Aug 31, 2016 16:49
6 Views

[New York] UPS Says NY State, City Must Disclose Damages In Cigs Suit ($$)

UPS urged a federal judge Monday to block the city and state of New York from presenting evidence for damages at trial in their lawsuit accusing the company of illegally shipping untaxed cigarettes from Native American reservations, claiming the governmen
Law360
added Aug 31, 2016 16:48
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