Decided
Hemi Group v. City of New York
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 John Roberts on Jan 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.
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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Related Coverage
Jan 27, 2009Petition for a writ of certiorari filed. (Response due March 4, 2009)
Feb 18, 2009Order extending time to file response to petition to and including April 3, 2009.
Apr 3, 2009Brief of respondent City of New York in opposition filed.
Apr 13, 2009Reply of petitioners Hemi Group, LLC and Kai Gachupin filed. (Distributed)
Apr 15, 2009DISTRIBUTED for Conference of May 1, 2009.
May 4, 2009Petition GRANTED.
Jun 5, 2009The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including July 17, 2009.
Jul 17, 2009Joint appendix filed. (Statement of costs filed)
Jul 17, 2009Brief of petitioners Hemi Group, LLC and Kai Gachupin filed.
Jul 21, 2009The time within which to file respondent's brief on the merits is extended to and including September 16, 2009.
Aug 17, 2009SET FOR ARGUMENT ON Tuesday, November 3 2009.
Aug 20, 2009CIRCULATED.
Sep 15, 2009Record received from U.S.C.A. for 2nd Circuit. (1 envelope) (This record contains 1cd.)
Sep 16, 2009Brief of respondent City of New York, New York filed. (Distributed)
Sep 23, 2009Motion for leave to file amicus brief filed by The Campaign for Tobacco-Free Kids. (Distributed)
Sep 23, 2009Brief amici curiae of Indiana, et al. filed. (Distributed)
Sep 29, 2009Application (09A318) of petitioners to file a reply brief on the merits in excess of the word limitation, submitted to Justice Ginsburg.
Oct 5, 2009Application (09A318) denied by Justice Ginsburg.
Oct 5, 2009Opposition of petitioners' to motion of amicus Campaign for Tobacco-Free Kids filed. (Distributed)
Oct 8, 2009Record received from U.S.D.C. for the Southern District of New York. (2 boxes). Portions of this record is electronic.
Oct 16, 2009Reply of petitioners Hemi Group, LLC and Kai Gachupin filed. (Distributed)
Oct 20, 2009Motion for leave to file amicus brief filed by The Campaign for Tobacco-Free Kids GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.
Oct 28, 2009Supplemental brief of petitioners Hemi Group, LLC and Kai Gachupin filed. (Distributed)
Nov 3, 2009Argued. For petitioners: Randolph H. Barnhouse, Los Ranchos de Albuquerque, N.M. For respondent: Leonard J. Koerner, Chief Assistant Corporation Counsel, New York, N.Y.
Nov 19, 2009Additional record received from U.S.D.C. for the Southern District of New York. (1 envelope)
Jan 25, 2010Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court in part, in which Scalia, Thomas, and Alito, JJ., joined, and in which Ginsburg, J., joined in part. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed a dissenting opinion, in which Stevens and Kennedy, JJ., joined. Sotomayor, J., took no part in the consideration or decision of the case. Justice Sotomayor took no part in the consideration or decision of this petition.
Feb 26, 2010JUDGMENT ISSUED.
May 24, 2010Record return to the USDC for the Southern District of New York. (1-envelope)
Recommended Citation: Hemi Group v. City of New York, SCOTUSblog, https://www.scotusblog.com/cases/hemi-group-v-city-of-new-york/