United States Eleventh Circuit

In an action concerning the spoliation of temperature-sensitive insulin products, which were shipped by air from France to Indiana and were exposed to sub-freezing temperatures en route, summary judgment for plaintiffs is affirmed in part where summary judgment was appropriately granted on the issue of whether the cargo was damaged in transit. However, the order is reversed in part where the parties did not intend for the liability provision of the long-term service agreement to subject the air waybill contracts to increased limits of liability.

Appellate Information

• Decided 08/23/2010
• Published 08/23/2010

Judges

• Emmett R. Cox

Court

• United States Eleventh Circuit

Counsel