October 5, 2010 - Yesterday, October 4th the U.S. Supreme Court rejected an appeal from Seneca Nation cigarette merchant Scott B. Maybee, who asked the justices to overturn a lower-court ruling that he must obey Idaho laws regulating tobacco sales.
Without comment, the justices let stand an Idaho Supreme Court ruling that said Maybee must register with the state and pay a fee, just like all other tobacco merchants. The state adopted the laws after a national legal settlement between the states and tobacco companies was implemented in 1998.
In the original lawsuit, the state claimed Maybee, a Native American from New York, was violating state laws requiring cigarette peddlers to register with the state and pay a fee to the state. The laws were passed in the wake of the national tobacco settlement in 1998.Maybee, one of the Senecas' largest tobacco merchants, who sold millions of cigarettes to Idaho smokers through Smartsmoker.com and Ordersmokesdirect.com.
Maybee claimed Idaho laws don't apply because he's protected by federal interstate and Indian commerce laws. The justices disagreed and awarded attorney fees and costs to the state.
January 18, 2010 - Idaho - online cigarette marketer not immune from state laws...
The case is not at all related to the Seneca Nation's legal challenges against New York's attempts to collect taxes on tobacco sales to non-Indian purchasers on Indian reservations. (New York State - now the Oneida Indian Nation gets restraining order from federal judge.)
Refernec: Seneca cigarette merchant's appeal rejected by Jerry Zremski (jzremski@buffnews.com), 10/4/2010.
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