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U.S. Court of Appeals for the Eleventh Circuit

Case Status

Resolved

Docket Number

10-10821

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Case Updates

Case dismissed

February 17, 2012

The Eleventh Circuit granted the parties joint motion to lift stay and dismiss appeal. The case was dismissed as moot.

U.S. Chamber files amicus brief regarding class action and notice requirements

April 20, 2010

NCLC urged the Eleventh Circuit to reverse the district court's certification of a class action that includes customers who failed to notify United Parcel Service (UPS) of alleged billing errors. UPS' Customer Agreement, which a customer signs before using the company's services, waives billable disputes if the customer does not notify UPS of the alleged errors within 180 days. NCLC argued the class should not have been certified as the class members broke their contract by failing to notify UPS prior to bringing litigation against the company. Notice-and-claim procedures like those in UPS's contract resolve these disputes without such costly class action litigation.

Review granted

February 25, 2010

U.S. Chamber files amicus brief supporting review

December 08, 2009

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