UPS Customer Urges 2nd Circ. To Revive Late-Package Suit

Law360, New York (March 4, 2013, 8:09 PM EST) -- A United Parcel Service Inc. customer on Monday asked the Second Circuit to reopen a class action aimed at forcing a $6.5 million refund for late parcels, arguing the company cannot hide behind an exception clause in its contract.

Adam Starke, a UPS customer whose package from New York City to Albany, N.Y., was delayed because of a snow-related backlog at the company, says UPS should extend a refund normally provided for late packages to customers whose packages were delayed because of foreseeable weather.

A trial...
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