Amici Curiae Come to UPS’s Aid in Appeals over Cigarette Deliveries

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Amici Curiae Come to UPS’s Aid in Appeals over Cigarette Deliveries - Lexology

In the cross-appeals of a $246,975,614 judgment won by New York State and New York City, amici curiae have filed briefs in support of the United Parcel Service, Inc., (“UPS”). The case is New York v. UPS, Nos. 17-1993, -2107, -2111 (2d Cir.).

The amici curiae have focused on the judgment amount and several aspects of the underlying liability determinations. As might have been expected, the most salient issue raised involves the constitutional implications of the lower court’s overwhelming award of penalties – which accounted for just under 95% of the State’s award and more than 99% of the City’s.
 
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