New York v. United Parcel Service, Inc.
- Case Date: 10/13/2017
- Project Name: Civil Justice Reform
On October 13, 2017, WLF filed a brief with the Second Circuit urging reversal of a massive civil penalty awarded against common carrier United Parcel Service (UPS). The case arises from a 2015 suit against UPS by the State and City of New York, alleging that the common carrier knowingly shipped untaxed cigarettes from Indian reservations to consumers in violation of state and federal law. Although earlier acknowledging that it was unable to calculate damages and penalties on the basis of the record before it, the district court went on to award the State and City a total monetary award of $246,975,614—which included a staggering $237.6 million in civil penalties. In its amicus brief urging reversal of the judgment below, WLF argues that the district court did not meaningfully consider whether the enormous nine-digit penalty was excessive under either federal common law standards or under the constitutional limits imposed by the Fifth and Eighth Amendments.
More Information and Downloads:
10/13/2017: Download the Brief