The United States Law Week

NRA Fumes Over N.Y.'s Discovery Techniques

Jan. 23, 2019, 4:43 PM

The National Rifle Association claims New York isn’t playing fair in its suit claiming the state threatened institutions with which it does business to stifle its advocacy for Second Amendment rights.

According to the NRA, the state told its business affiliates it would target them if they didn’t sever ties with the group. The NRA highlighted allegedly selective enforcement of state insurance regulations.

Those actions violate the NRA’s First Amendment speech rights, it said.

It asked the U.S. District Court for the Northern District of New York Jan. 22 to compel the state to produce documents responsive to its discovery requests.

The state refuses to provide any responses “beyond boilerplate, generalized objections,” the motion says. The state has also rejected the NRA’s “good-faith meet-and-confer efforts,” it said.

The NRA seeks records concerning the state’s investigation of insurance programs endorsed by the NRA, letters urging businesses to cut ties with the NRA, and information concerning how the state treats insurers not affiliated with the NRA.

The discovery requests are reasonably tailored to seek relevant documents and the state’s recalcitrant responses should be struck, the NRA said.

The state didn’t respond to Bloomberg Law’s request for comment.

Michael R. Bloomberg, founder of Bloomberg News parent Bloomberg LP, is a donor to groups that support gun control, including Everytown for Gun Safety.

Brewer Attorneys & Counselors represents the NRA. The N.Y. Attorney General’s Office represents the state.

The case is Nat’l Rifle Ass’n of Am. v. Cuomo, N.D.N.Y., No. 18-CV-00566-TJM-CFH, motion to compel filed 1/22/19.

To contact the reporter on this story: Bernie Pazanowski in Washington at bpazanowski@bloomberglaw.com

To contact the editors responsible for this story: Jo-el J. Meyer at jmeyer@bloomberglaw.com; Nicholas Datlowe at ndatlowe@bloomberglaw.com

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