Legal Opinion

Freedom Holdings Inc. v. Spitzer

Court of Appeals for the Second Circuit

Decided January 6, 2004No. Docket No. 02-7492PublishedCited by 175 opinions

1Opinion of the Court

Judge SACK concurs in a separate opinion.

WINTER, Circuit Judge.

This appeal involves a challenge to New York legislation enacted pursuant to the settlement agreement of a host of various lawsuits brought by most of the states against the major tobacco manufacturers. Freedom Holdings Inc. and International Tobacco Partners, Ltd. — companies that import cigarettes for resale in New York from foreign manufacturers who are non-parties to the settlement agreement — appeal from Judge Hellerstein’s dismissal of their complaint pursuant to Fed.R.Civ.P. 12(b)(6). The appellees are Eliot Spitzer,…

2Cases cited46 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Foman v. DavisSupreme Court of the United States · 1962
  3. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  4. Shaffer v. HeitnerSupreme Court of the United States · 1977
  5. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970

41 more not listed; retrieve them via the Exa API.

3Cited by175 opinions

  1. Major League Baseball Properties, Inc. v. Salvino, Inc.Court of Appeals for the Second Circuit · 2008
  2. In Re Elevator Antitrust LitigationCourt of Appeals for the Second Circuit · 2007
  3. Sanders v. BrownCourt of Appeals for the Ninth Circuit · 2007
  4. Selevan v. New York Thruway AuthorityCourt of Appeals for the Second Circuit · 2009
  5. Nechis v. Oxford Health Plans, Inc.Court of Appeals for the Second Circuit · 2005

170 more not listed; retrieve them via the Exa API.

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