UPS Wants Class Action Over Late Delivery Tossed

Law360, New York (September 8, 2010, 5:03 PM EDT) -- UPS Inc. is seeking the dismissal of a proposed breach of contract consumer class action alleging it delivered packages under its Next Day Air service late last winter because of a snowstorm.

In a motion to dismiss filed Tuesday in the U.S. District Court for the Eastern District of New York, UPS argues that the terms of its Next Day Air delivery guarantee explicitly do not apply when a delay is due to situations beyond the company's control, such as disruptions to its transportation network or...
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