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

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-1993, 17-2107, 17-2111 · judgment November 7, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 25% cert probability (95% interval 18%–33%)

Before the decision, about 6.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.

Questions presented

  1. The Contraband Cigarette Trafficking Act prohibits the knowing transportation of “a quantity” of more than 10,000 untaxed cigarettes in the “possession” of unauthorized persons. 18 U.S.C. § 2341(2). The first 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. § 376a(e)(3)(B)(ii)(I). The second question presented is whether substantial compliance is a prerequisite to this statutory exemption.

Counsel of record

For petitioner
Mark Andrew Perry
Weil, Gotshal & Manges, LLP

For respondent
Richard Paul Dearing
City of New York

Case

Conference history
Distributed for 1 conference

Linked docket
19A901

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Aug 19 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Aug 18 2020
    Reply of petitioner United Parcel Service, Inc. filed. (Distributed)
  4. Aug 03 2020
    Brief of respondents State of New York et al. in opposition filed.
  5. Aug 03 2020
    Brief of respondent The City of New York in opposition filed.
  6. Jul 09 2020
    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.
  7. Jul 09 2020
    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.
  8. Jun 11 2020
    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.
  9. Jun 11 2020
    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.
  10. Jun 10 2020
    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.
  11. Jun 10 2020
    Motion to extend the time to file a response from June 19, 2020 to July 20, 2020, submitted to The Clerk.
  12. May 15 2020
    Petition for a writ of certiorari filed. (Response due June 19, 2020)
  13. Feb 13 2020
    Application (19A901) granted by Justice Ginsburg extending the time to file until May 17, 2020.
  14. Feb 12 2020
    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.
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