UPS Escapes Final Claim In Fee Spat On Remand

Law360, New York (October 27, 2009, 3:09 PM EDT) -- A federal district judge has ended a suit on remand from a federal appeals court, dismissing a sole surviving claim accusing United Parcel Service Inc. of breaching an implied contract by imposing unlawful rebilling fees without customers' knowledge.

In an order issued Friday, Judge Carol E. Jackson of the U.S. District Court for the Eastern District of Missouri held that plaintiff Data Manufacturing Inc. should have been aware it was liable for the $10 rebilling fees, which amounted to about $367,000.

Judge Jackson had tossed all...
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