United States Second Circuit

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Freedom Holdings, Inc. v. Cuomo, 09-0547

In 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, judgment for defendants is affirmed 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.

Appellate Information

  • Decided 10/18/2010
  • Published 10/18/2010


  • Reena Raggi


  • United States Second Circuit


  • For Appellant:
  • David F. Dobbins, Sasha Samberg-Champion