FedEx delivers lawsuit against Cuomo

Jessica M. Karmasek Aug. 25, 2010, 3:54pm


MANHATTAN, N.Y. (Legal Newsline) - FedEx Corp. sued New York Attorney General Andrew Cuomo on Tuesday, seeking to stop an investigation of the air and ground delivery company over allegations of civil fraud.

Cuomo, a Democrat, is the front-runner in the race to become New York's next governor. The company argues that Cuomo's office has exceeded its authority, according to a Reuters report.

A lawsuit filed in federal court asked a judge to block the investigation of FedEx prices, routes and services following a June 8 subpoena from the attorney general.

The company has until Aug. 31 to respond to the subpoena.

The FedEx complaint said that "although the Attorney General possesses this authority under state law, he has no power, or jurisdiction to investigate or file suit against a federally certified air carrier premised upon New York Executive Law."

A spokesman for Cuomo told Reuters the office was reviewing the lawsuit.

"FedEx has not engaged in any fraudulent or illegal acts," the company's court papers said.

"Regardless, a determination of whether FedEx's rates, routes, prices and/or services are illegal and/or fraudulent lies wholly beyond the reach or jurisdiction of the State Attorney General," it continued.

From Legal Newsline: Reach Jessica Karmasek by e-mail at

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