ALBANY – Based on the "barren record" before him, a federal judge said he cannot determine whether New York state is violating a supermarket chain’s constitutional rights by barring its offer of gas price discounts in exchange for the purchase of prescription drugs.
Northern District Judge Lawrence Kahn (See Profile) said he needs more specifics about Price Chopper’s "Fuel AdvantEdge" program to decide whether the supermarket chain’s First Amendment right to commercial free speech has been infringed. He denied motions from both Price Chopper and the state Education Department for summary judgment in his May 23 ruling in Golub Corporation v. Tisch, 1:11-cv-01516.
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