Upcoming. Judge Batts of the Southern District of New York dismissed an action brought by the City of New York against internet cigarette sellers. Judge Batts held that the City had failed to plead a proper case under RICO. The City has said that it plans on appealing to the Second Circuit. An article on this case appears in today's New York Law Journal. It may not be available to you on-line if you are not a subscriber. (Sorry.)