United States Second Circuit
Eli Lilly do Brazil v. Federal Express Corp., 06-0530
In dispute arising from drums of parmaceuticals stolen during transit in Brazil, judgment granting defendant enforcement of a damage limitation clause in a waybill governing the transportation of cargo is affirmed where the limitation on liability in the waybill is enforceable as federal common law, and not Brazilian law, applies.
Appellate Information
- Decided 09/11/2007
- Published 09/11/2007
Judges
- Before: MESKILL, B.D. PARKER, & RAGGI, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Martin F. Casey, Casey & Barnett, LLC, New York, N.Y., for Appellant Eli Lilly do Brasil, Ltda.
- For Appellees:
- Robert R. Ross, Federal Express Corporation, Memphis, Tenn., for Appellee Federal Express Corporation.