Law360, New York (December 19, 2012, 5:48 PM ET) -- A trial court overstepped its bounds in blocking U.S. Customs and Border Protection from assessing penalties against Union Pacific Railroad Co. over smuggled drugs found on its trains, the government said Wednesday, urging the Eighth Circuit to overturn the lower court’s ruling.
In a brief filed with the appeals court, the government argued that a Nebraska federal court had wrongly enjoined Customs from collecting civil penalties against Union Pacific for not exercising “the highest degree of care and diligence” in preventing the smuggling of narcotics on...