New York and DC Attorneys General Investigations

Court Rules Against Defendants on Motions for Summary Judgment and Some Affirmative Defenses

June 8, 2023

Filing Summary

On June 8, 2023, Judge Cohen heard arguments on summary judgment motions and a motion to dismiss certain NRA defenses. Judge Cohen ruled against the NRA and the individual defendants on each of the motions argued. The parties also discussed trial logistics with Judge Cohen, and floated starting trial in mid-October 2023. The parties suggested the jury trial may take up to two months, and will require dozens of witnesses.

Key Points

  • Judge Cohen denied a summary judgment motion filed by former NRA CFO/Treasurer Wilson (Woody) Phillips. Phillips sought summary judgment on the New York AG’s claims regarding breach of fiduciary duty and certain related party transactions.
  • Judge Cohen also denied the summary judgment motion of former NRA Chief of Staff Joshua Powell. Powell’s motion concerned certain related party transactions and whether they were later ratified by the NRA audit committee. The NRA opposed Powell’s motion and agreed with the AG that there are triable issues of fact on the subject of Powell’s motion.
  • Finally, Judge Cohen granted the AG’s motion to dismiss several of the defendants’ affirmative defenses.