No. 19-1306

United Parcel Service, Inc. v. New York, et al.

Lower Court: Second Circuit
Docketed: 2020-05-20
Status: Denied
Type: Paid
Experienced Counsel
Tags: aggregation-threshold carrier-liability cigarette-trafficking circuit-split common-carrier-liability contraband-cigarette-trafficking-act exemption-compliance national-importance possession statutory-construction statutory-exemption statutory-interpretation tobacco-regulation
Key Terms:
Environmental SocialSecurity Securities Immigration Trademark
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold

Question Presented (OCR Extract)

question presented is whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold. 2. The Prevent All Cigarette Trafficking Act of 2009 exempts UPS by name if its tobacco-delivery agreement with New York is “honored” nationwide. 15 U.S.C. § The second question presented is whether substantial compliance is a prerequisite to this statutory exemption.

Docket Entries

2020-10-05
Petition DENIED.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-08-18
Reply of petitioner United Parcel Service, Inc. filed. (Distributed)
2020-08-03
Brief of respondents State of New York et al. in opposition filed.
2020-08-03
Brief of respondent The City of New York in opposition filed.
2020-07-09
Motion of respondent City of New York to extend the time to file a response from July 20, 2020 to August 3, 2020, submitted to The Clerk.
2020-07-09
Motion to extend the time to file a response is granted and the time is further extended to and including August 3, 2020, for all respondents.
2020-06-11
Motion of the City of New York to extend the time to file a response is granted and the time is extended to and including July 20, 2020.
2020-06-11
Motion to extend the time to file a response is granted and the time is extended to and including July 20, 2020, for all respondents.
2020-06-10
Motion of the State of New York to extend the time to file a response from June 19, 2020 to July 20, 2020, submitted to The Clerk.
2020-06-10
Motion to extend the time to file a response from June 19, 2020 to July 20, 2020, submitted to The Clerk.
2020-05-15
Petition for a writ of certiorari filed. (Response due June 19, 2020)
2020-02-13
Application (19A901) granted by Justice Ginsburg extending the time to file until May 17, 2020.
2020-02-12
Application (19A901) to extend the time to file a petition for a writ of certiorari from March 18, 2020 to May 17, 2020, submitted to Justice Ginsburg.

Attorneys

The City of New York
Richard Paul DearingNew York City Law Department, Respondent
Richard Paul DearingNew York City Law Department, Respondent
United Parcel Service, Inc.
Mark Andrew PerryGibson Dunn & Crutcher, LLP, Petitioner
Mark Andrew PerryGibson Dunn & Crutcher, LLP, Petitioner