Fraser Trebilcock's litigation team of Aaron L. Davis, Shaina R. Reed, Thad E. Morgan, and Michael H. Perry received a favorable ruling today for their client Cary and Mona Lee, owners of A Clean Cigarette, from Michigan Court of Claims Judge Cynthia Stephens granting their client's request for the issuance of a preliminary injunction halting the enforcement of the Governor's ban on the sale of flavored nicotine vapor products in Michigan.
The ruling, which allows vape shop owners to once again sell flavored nicotine vaping products, followed two days of testimony from A Clean Cigarette's owners and employees concerning the irreparable harm that A Clean Cigarette would experience if the injunction was not issued.
In her Opinion, Judge Stephens ruled that the plaintiffs presented sufficient evidence of irreparable harm to justify the issuance of a preliminary injunction. "As it concerns plaintiff A Clean Cigarette, the evidence presented establishes a loss of goodwill from the issuance of the emergency rules amounting to irreparable harm," wrote Judge Stephens. "In essence, the emergency rules will destroy plaintiff A Clean Cigarette's business as it currently exists as well as any branding or goodwill associated therewith. This is a significant loss of goodwill that cannot be compensated by economic damages," opined Judge Stephens.
Judge Stephens further found that the Plaintiffs showed a likelihood of success on the merits of their claim that the Emergency Rules are procedurally invalid under the Administrative Procedures Act. "The court finds that the defendants' lengthy period of inaction, combined with old data, undermines the emergency declaration in this case," wrote Judge Stephens.
“We are absolutely thrilled with this decision. We are in the business of getting people off from combustible tobacco and this decision was key in helping us to continue to do that," says Mona Lee, co-owner of A Clean Cigarette.
You can read the full opinion HERE.