Court relies on Montreal Convention’s “act of public authority” liability exclusion in cargo spoilage case

Best Value Kosher Foods, Inc. v. American Airlines, Inc. (E.D.N.Y. Dec. 12, 2016).  Best Value arranged for cheese it had purchased in France to be shipped by American from Paris to New York.  The day after the cargo arrived at American’s JFK cargo terminal, American stored it in a cooler and notified Best Value’s agent … More Court relies on Montreal Convention’s “act of public authority” liability exclusion in cargo spoilage case

Air cargo carrier enforces contractual liability limitation against shipper’s claim

Golden Hawk Metallurgical, Inc. v. Federal Express Corporation (E.D. Mich. Oct. 4, 2016).  The plaintiff, a metal refinery, shipped two packages to its customers via FedEx.  According to the plaintiff, the packages contained gold and diamonds valued over $33,000, but the plaintiff did not declare any value for either shipment.  The plaintiff alleged that FedEx … More Air cargo carrier enforces contractual liability limitation against shipper’s claim

Montreal Convention’s notice provision spoils shipper’s damaged vegetables claim

Mas & Sons Jardiniers, Ltd. v. Florida West International Airways, Inc. (Fla. 3d DCA Oct. 7, 2015).  The shipper/plaintiff alleged that it had sustained damages because Florida West failed to timely release fresh vegetables it had transported by air from Guatemala and Costa Rica to Miami.  Due to logistical problems involving payment for the cargo, … More Montreal Convention’s notice provision spoils shipper’s damaged vegetables claim

Third Circuit affirms dismissal of airline’s declaratory judgment action on forum non conveniens grounds

Delta Air Lines, Inc. v. Chimet, S.p.A. (3d Cir. (Pa.) Aug. 30, 2010).  Chimet, an Italian company with no U.S. offices, contracted with Delta in 2007 to transport over 100 kilograms of platinum (allegedly worth over US$4 million) from Italy to a consignee in Philadelphia, Pennsylvania.  The platinum was stolen before delivery was made, allegedly … More Third Circuit affirms dismissal of airline’s declaratory judgment action on forum non conveniens grounds

Shipper’s cargo damage complaint held adequate under Montreal Convention

UPS Supply Chain Solutions, Inc. v. American Airlines, Inc. (N.D. Ill. Aug. 14, 2009).  For a cargo damage claim, Article 31(2) of the Montreal Convention requires that “the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage,” and, at the latest, within 14 days from the date of … More Shipper’s cargo damage complaint held adequate under Montreal Convention

Second Circuit enforces cargo waybill’s liability limitation clause

Eli Lilly Do Brasil, Ltda v. Federal Express Corp. (2d Cir. N.Y. Sept. 11, 2007).  While in FedEx’s custody in Brazil, the shipper’s cargo was stolen.  The cargo was worth about $800,000, but FedEx’s waybill limited the carrier’s liability for stolen goods to $20 per kilogram, or about $28,000 if the limitation applied.  The shipper … More Second Circuit enforces cargo waybill’s liability limitation clause

Court rules that shipper waited too long before raising stink about spoiled fish

O’gray Import & Export v. British Airways PLC (D. Md. May 4, 2007).  The shipper engaged British Airways to transport smoked fish from Ghana to BWI.  On September 8, 2005, the U.S. Food and Drug Administration released the cargo to the shipper but also placed a hold on the fish due to a suspicion of … More Court rules that shipper waited too long before raising stink about spoiled fish