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Chancery Tosses Claims Over Alleged UPS Cigarette Scheme

Law360

20 Jan 2017

A Delaware Chancery judge threw out derivative claims accusing United Parcel Service Inc. (UPS) directors of negligent oversight that led to a supposed scheme to transport untaxed cigarettes; the basis for the judge's ruling was that the suing shareholders hadn’t proved the alleged fruitlessness of an effort to escalate the assertions to the company’s board.

This decision represented a victory for Morrison Foerster's Jamie A. Levitt, Steven T. Rappoport, and Philip T. Besirof, who jointly represented the UPS defendants.

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