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HEMI GROUP v. NEW YORK, NY

Docket No.: 08-969
Certiorari Granted: May 4 2009
Argued: November 3, 2009
Decided: January 25, 2010

Topics:

Commerce Clause, RICO, Racketeer Influenced and Corrupt Organizations Act, antitrust

PartyNames: Hemi Group, LLC and Kai Gachupin v. City of New York, New York
Petitioner: Hemi Group, LLC and Kai Gachupin
Respondent: City of New York, New York

Court Below: United States Court of Appeals for the Second Circuit
Citation: 541 F.3d 425

Hemi Group, LLC and Kai Gachupin
v.
City of New York, New York
Question Presented:

Whether city government meets the Racketeer Influenced and Corrupt Organizations Act standing requirement that a plaintiff be directly injured in its "business or property" by alleging non commercial injury resulting from non payment of taxes by non litigant third parties.

Question:

Does the City of New York meet the RICO "causation" requirements in its suit against out-of-state cigarette vendors that the plaintiff be directly injured in its "business or property" when the City merely alleges an injury from the nonpayment of taxes by non-litigant third-parties?

Note:

JUSTICE SOTOMAYOR TOOK NO PART

HEMI GROUP v. NEW YORK, NY
ORAL ARGUMENT

November 3 2009

Holding: reversed and remanded
Vote: 5-3
Recused: J.,

HEMI GROUP v. NEW YORK, NY
Case Documents

1HEMI GROUP v. NEW YORK, NY Oral Argument Transcript (PDF)
2HEMI GROUP v. NEW YORK, NY Oral Argument Transcript (HTML)
3HEMI GROUP v. NEW YORK, NY Oral Argument Transcript (HTML)
4Opinion in HEMI GROUP v. NEW YORK, NY
Additional documents for this case are pending review.