Two Rulings Impact Enactment and Enforcement of High-Profile Legislation
In this edition of their Northern District Roundup column, Adam Shaw and Jenna Smith discuss two recent noteworthy decisions granting preliminary injunctions enjoining the enactment/enforcement of recently-passed high-profile legislation in New York state. In the first decision, 'Variscite NY One v. State of New York', the court found that certain requirements of New York state's retail license program for recreational cannabis violated the dormant Commerce Clause. In the second, 'Antonyuk v. Hochul', the court held that several aspects of the state's revised conceal carry restrictions violated the Second Amendment and were unenforceable.
December 14, 2022 at 11:00 AM
8 minute read
This column addresses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installation focuses on two decisions granting preliminary injunctions enjoining the enactment/enforcement of recently-passed high-profile legislation in New York state. In the first decision, U.S. Senior District Court Judge Gary L. Sharpe found that certain requirements of New York state's retail license program for recreational cannabis violated the dormant Commerce Clause. In the second, U.S. District Court Judge Glenn Suddaby held that several aspects of New York state's revised conceal carry restrictions violated the Second Amendment and were unenforceable.
Judge Sharpe Temporarily Enjoins New York From Issuing Retail Licenses for Recreational Cannabis in Five Geographic Regions. In a highly anticipated decision, Judge Sharpe granted plaintiff Variscite NY One's (hereinafter plaintiff) motion for a preliminary injunction, on the basis that certain of New York state's requirements to obtain a retail license for recreational cannabis violated the dormant Commerce Clause. Variscite NY One v. State of New York et al., No. 1:22-cv-1013-GLS-DJS, Dkt. No. 28 (N.D.N.Y. Nov. 10, 2022)
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J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
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