Legal Opinion
People v. Sprint Nextel Corp.
New York Court of Appeals
Decided October 20, 2015PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
We hold that: (1) the Tax Law imposes sales tax on interstate voice service sold by a mobile provider along with other services for a fixed monthly charge; (2) the statute is unambiguous; (3) the statute is not preempted by federal law; (4) the Attorney General’s (AG) complaint sufficiently pleads a cause of action under the New York False Claims Act (FCA) (State Finance Law § 187 et seq.); and (5) the damages recoverable under the FCA are not barred by the Ex Post Facto Clause of the United States Constitution.
In 1989, the United States Supreme Court…
2Cases cited11 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Smith v. DoeSupreme Court of the United States · 2003
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Goldberg v. SweetSupreme Court of the United States · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States ex rel. Lee v. Northern Adult Daily Health Care CenterDistrict Court, E.D. New York · 2016
- Anonymous v. AnonymousAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Applewhite v. New York State Bd. of ParoleAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO v. Olympic Regional Dev. Auth.Appellate Division of the Supreme Court of the State of New York · 2018
- New York ex rel. Rasmusen v. Citigroup Inc.District Court, S.D. New York · 2016
10 more not listed; retrieve them via the Exa API.