United States Seventh Circuit
Sompo Japan Ins., Inc. v. Nippon Cargo Airlines Co., Ltd., 06-3942
In a suit by an insurer to recover damages from international shipping companies for damaged goods, judgment for plaintiff is affirmed where: 1) state setoff and contribution laws are not preempted by the Warsaw Convention; 2) defendant was entitled to a damages setoff in the amount of a settlement between plaintiff and two previous defendants; 3) the district court correctly concluded that the setoff was subtracted from plaintiff's total proven damages rather than the amount of defendant's limited liability under the Warsaw Convention; and 4) prejudgment interest is not appropriate under the terms of the Convention.
Appellate Information
- Decided 04/11/2008
- Published 04/11/2008
Judges
- RIPPLE, Circuit Judge., Before FLAUM, RIPPLE and WOOD, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellees:
- Dennis Minichello, Stephanie Espinoza, Marwedel, Minichello & Reeb, Chicago, IL, David M. Salentine, Alameda, CA, for Plaintiff-Appellee, Cross-Appellant., Christopher Carlsen, Clyde & Company, New York, NY, for Defendant-Appellant.