Legal Opinion
Brown & Williamson Tobacco Corp. v. Pataki
Court of Appeals for the Second Circuit
Decided February 13, 2003No. Docket Nos. 01-7806, 01-7813PublishedCited by 43 opinions
1Opinion of the Court
Judge CABRANES concurs in the judgment.
MINER, Circuit Judge.
Defendants-appellants the Governor of the State of New York and other State officials (the “State”) appeal from a judgment entered in the United States District Court for the Southern District of New York (Preska, J.) striking down as unconstitutional section 1399-Zi of New York’s Public Health Law (“the Statute”), the court having found that the Statute discriminates against interstate commerce in violation of the Commerce Clause. The Statute prohibits cigarette sellers and common and contract carriers from shipping and transporting…
2Cases cited19 opinions
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Exxon Corp. v. Governor of MarylandSupreme Court of the United States · 1978
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
- Hughes v. OklahomaSupreme Court of the United States · 1979
14 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Town of Southold, Town of Shelter Island, Cross Sound Ferry Services, Inc. v. Town of East Hampton, Docket No. 06-0335-CvCourt of Appeals for the Second Circuit · 2007
- City of New York v. Smokes-Spirits. Com, Inc.Court of Appeals for the Second Circuit · 2008
- Cherry Hill Vineyard, LLC v. BaldacciCourt of Appeals for the First Circuit · 2007
- Entergy Nuclear Vermont Yankee, LLC v. ShumlinCourt of Appeals for the Second Circuit · 2013
- Black Star Farms LLC v. OliverCourt of Appeals for the Ninth Circuit · 2010
38 more not listed; retrieve them via the Exa API.