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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.,
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