In Freedom Holdings, Inc. v. Cuomo, No. 09-0547, Sherman Act and Commerce Clause challenges to New York’s Escrow and Contraband Statutes, enacted in furtherance of a 1998 Master Settlement Agreement between cigarette manufacturers and all but four states, the court affirmed judgment for defendants where plaintiffs failed to point to record evidence that precluded the district court from finding, as it did, that the challenged statutes were unilateral state actions that did not mandate or authorize private parties to restrain trade or, in any event, that the statutes were not subject to Sherman Act preemption by virtue of the state action immunity doctrine.
Related Resources
- Full Text of Freedom Holdings, Inc. v. Cuomo, No. 09-0547
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