United States Third Circuit

A judgment limiting defendants' liability pursuant to Article 22(2) of the Warsaw Convention for pharmaceutical cargo destroyed when a FedEx plane crashed is affirmed in part and reversed in part where: 1) the district court correctly found that certain defendants acted as "indirect carriers"; 2) the district court erred in concluding that the strictures of Article 8(c) of the Convention are satisfied as long as an air waybill gives the shipper notice of the international nature of the shipment; and 3) thus, due to a failure to satisfy the requirement that Anchorage be listed as an "agreed stopping place," no carrier involved in this case may avail itself of the limited liability provisions of the Warsaw Convention.

Appellate Information

• Decided 02/27/2008
• Published 02/27/2008

Judges

• Before:  RENDELL, FUENTES, and CHAGARES, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James F. Campise, Cozen & O'Connor, New York, NY, Andrew R. Spector, [Argued], Hyman Spector & Mars, Miami, FL, for Appellant LEP Profit International, Inc., James A. Saville Jr., Hill, Rivkins & Hayden, South Amboy, NJ, Keith B. Dalen, [Argued], Hill, Rivkins & Hayden, New York, NY, for Appellant LEP International (Japan) Ltd.


• For Appellees:
  
• Robert C. von Ohlen Jr., Kaplan, von Ohlen & Massamillo, Chicago, IL, for Appellee Federal Express Corporation., Robert G. Rose, [Argued], Day Pitney, Morristown, NJ, John P. Scordo, [Argued], Day Pitney, Florham Park, NJ, for Appellee Warner Lambert Company.