Cuomo: NY State Files Motion to Dismiss NRA Bid to Upend Insurance Edict
The new motion to dismiss is in response to an amended complaint filed by the NRA last month.
August 03, 2018 at 05:15 PM
2 minute read
The original version of this story was published on New York Law Journal
New York Gov. Andrew Cuomo. Photo: Evan Agostini/Invision/AP New York state has filed a motion to dismiss a lawsuit from the National Rifle Association over the state's efforts to drive a wedge between insurers and the gun-rights group. It's the second time the state filed a motion to dismiss the lawsuit, after arguing in a previous filing that the state's actions have done nothing to infringe on the NRA's free speech rights. The new motion to dismiss is in response to an amended complaint filed by the NRA last month. The state also argued in its motion that the state's actions, which included press releases and consent orders with insurers, were protected government speech and were not " implied threats to employ coercive state power." In a lawsuit filed in May, the NRA claimed that Cuomo and state Department of Financial Services Superintendent Maria Vullo conspired to coerce financial institutions to sever business ties with the association, causing it to suffer financial losses. The association claimed those actions infringed on its free speech protections to advocate for gun rights. An amended complaint filed by the NRA last month claimed the association has experienced significant financial hardship as a result of the state's actions. The gun lobby group said in the amended complaint that it has had trouble obtaining banking services and insurance products, which has caused a financial strain on the association. It said in the amended complaint that if it continues to lose money after the state's actions, it may have to cut services for members, like their livestream television channel and print publications. William Brewer III is the lead attorney for the NRA in the case from Brewer, Attorneys & Counselors in Dallas. The state Attorney General's Office is representing Cuomo and the DFS. The case is before U.S. District Judge Christian Hummel of Northern District of New York.
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