New York Attorney General Investigation

NY Attorney General Status Report re: NRA Litigation

February 4, 2021

Filing Summary

On February 4, 2021, the New York Attorney General’s Office submitted a Status Report to the court in the Northern District of New York (where the NRA has filed selective enforcement claims against the AG). The report is just three pages and aptly summarizes new developments in the various NRA litigations.  

  • The AG notes that Judge Cohen issued a recent decision and order denying various motions to dismiss brought by the NRA in the NY AG’s enforcement action against the NRA and certain NRA executives. In particular, Judge Cohen rejected the NRA’s attempt to transfer the case to federal court.
  • The AG notes that “discovery has begun” in the enforcement action against the NRA, and that a preliminary conference is scheduled for March 9, 2021.
  • The NRA argued in front of the Judicial Panel on Multidistrict Litigation (JPML) on January 28, 2021 that various cases be consolidated in the US District Court for the Northern District of Texas. “The NRA did not include the State Enforcement Action on the schedule of actions it sought to transfer and consolidate.” The parties await a decision on whether the JPML application will be granted. 
  • Finally, the AG informs the court that the NRA had filed for bankruptcy, noting “On that same day, Justice Cohen directed the parties in the State Enforcement Action to state their positions as to whether and to what extent the bankruptcy filing should affect the state court’s consideration of the then-pending motions to dismiss. The NRA did not assert that bankruptcy filing stayed the State Enforcement Action. The Attorney General argued that the bankruptcy filing did not stay the State Enforcement Action… Justice Cohen agreed and proceeded to consider and deny the defendants’ motions to dismiss.”