UPS Defenses Trimmed In $180M Untaxed Cigarette Suit

From: Law360

By Jack Newsham

A New York federal judge on Monday blocked UPS from raising several defenses against allegations by New York City and the state’s attorney general that it shipped huge quantities of untaxed cigarettes from Native American reservations, saying UPS couldn’t blame law enforcers for misusing their discretion.

U.S. District Judge Katherine B. Forrest’s rejection of seven of United Parcel Service Inc.’s 17 arguments could simplify discovery in what Judge Forrest’s order called a “large, complex and vigorously litigated action” that seeks $180 million from the shipper.

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