United States Second Circuit

Partial summary judgment to rail carrier defendant on its right under governing contract to limit its liability to $500 per package is affirmed over claims that the district court: 1) improperly conflated the concepts of whether the Express Cargo Bill had been issued and whether its terms governed the parties; and 2) erroneously divided the shipment into two separate carriages, one by rail and another by ship.

Appellate Information

• Decided 05/03/2006
• Published 05/04/2006

Judges

• HALL, Circuit Judge., Before:  KEARSE, MINER, HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Matthew T. Loesberg (Edward C. Radzik, Matthew T. Loesberg, Lori J. Quinn, on the brief), Donovan Parry McDermott & Radzik, New York, New York, for Plaintiff-Appellant.


• For Appellees:
  
• Michael J. Ryan, Hill, Betts & Nash, LLP, New York, New York, for Defendant-Cross-Claimant-Appellee., Ronald E. Joseph, Landman Corsi Ballaine & Ford, New York, New York, for Defendant-Cross-Defendant-Appellee.