PepsiCo wants the court to toss the award or at least give it a chance to fight the accusations. PepsiCo says it wasn't aware of the lawsuit until about a week after the award. And it says it should not have been served the lawsuit in North Carolina, where it is incorporated, but in Purchase, N.Y., where it is based.
The company says its response was also delayed when a secretary failed to act on letters relating to the case.
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