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Second Circuit — Cigarettes — Toxic Tort Accrual: Caronia v. Philip Morris USA
U.S. Court of Appeals for the Second Circuit Cigarettes — Toxic Tort Accrual Exposure — Implied Warranty of Merchantability Caronia v. Philip Morris USA 11-0316-cv Judges Kearse, Lohier and Droney Background: The plaintiffs appealed from the denial of their tort claims alleging negligence, strict products liability and breach of the implied warranty of merchantability in […]
Feds raid Seneca territory
ALBANY — Witnesses say federal agents are conducting a raid on a warehouse on the Seneca Nation’s Cattaraugus reservation in western New York. John Kane, a radio broadcaster on the reservation, told The Associated Press that agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives are going through Wolf’s Run Trading’s building and taken […]
Appeals court keeps PACT Act stay in place
A federal court order still prevents the Seneca Nation of Indians from shipping cigarettes through the U.S. Postal Service, but it continued a stay on the collection of excise taxes. The U.S. Court of Appeals for the Second Circuit ruled Tuesday ...
State begins tax collections on Indian cigarettes
ALBANY — After decades of delay, New York has started collecting taxes on cigarettes and tobacco products sold by Indian-operated companies. Inspections at 357 retailers by state and federal law enforcement led to seizures of almost 20,000 cartons of cigarettes ...
Court lifts order against Indian cigarette tax
BUFFALO — New York's decades-old quest to tax the millions of cartons of cigarettes sold by Indian tribes to non-Native customers was revived on Tuesday after an appeals court lifted an order blocking collection of the $4.35-per-pack tax.
NY and Senecas due in court on cigarette tax
A New York appeals court is set to consider the Seneca Indian Nation's latest challenge to New York state's plans to tax reservation cigarette sales to non-Indian customers. A hearing before the Appellate Division of state Supreme Court in Rochester is scheduled for today.
Ruling expected this week in cigarette tax saga
BUFFALO — The Seneca Indian Nation is awaiting a judge's decision in its latest challenge of New York state's efforts to tax reservation cigarette sales to non-Indian customers. Last week, lawyers for the western New York tribe went to court in Buffalo ...
Senecas make case against taxing cigarettes
BUFFALO — Lawyers for the Seneca Indian Nation and New York state have wrapped up arguments in court over the state’s plans to tax reservation cigarette sales to non-Indian customers. A hearing in Erie County Court in Buffalo lasted a little more than an hour Wednesday afternoon.
Schneiderman sues online tobacco sites
MINEOLA — State Attorney General Eric Schneiderman says his office is suing six website operators, accusing them of illegally selling cigarettes to New York residents.
NY appeals court won’t lift block on cigarette tax
SALAMANCA — New York state remains barred for now from taxing cigarettes sold by Indian retailers to non-Indian customers. A federal appeals court Thursday rejected the state's request to lift the ban on collections ...
Ruling favors NY in Indian smokeshop tax fight
BUFFALO — A federal judge has sided with New York in the latest ruling in a dispute over the state's plans to tax most Indian reservation smokeshop sales, but collection of the tax is on hold for now.
Tribes return to court over cigarette tax
BUFFALO — The legal battle against New York's plans to tax most reservation cigarette sales continues in Buffalo. Lawyers for the St. Regis Mohawk tribe of northern New York and the Unkechauges of Long Island are scheduled ...
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
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