2nd Circ. Cleaves UPS Untaxed Cigarette Judgment By $149M

Law360 (November 7, 2019, 8:14 PM EST) -- A $247 million judgment against UPS for delivering untaxed tobacco from Native American vendors into New York was too harsh, the Second Circuit ruled Thursday, slashing the penalties by $159 million while tacking on $9.4 million in taxes.

Penalties against UPS for delivering untaxed tobacco into New York from tribal reservations were reduced by $159 million. (AP) In a split ruling, a three-judge panel affirmed that United Parcel Service Inc. violated state and federal law by shipping untaxed cigarettes into New York from tribal reservations but held that the penalties levied by a U.S. District Court were unreasonable. The lower court charged...

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