Legal Opinion

Electro Source, Inc. v. United Parcel Service, Inc.

Court of Appeals for the Ninth Circuit

Decided September 9, 1996No. 94-56201PublishedCited by 2 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

Electro Source, Inc. (“ESI”) brought an action under the Federal Bills of Lading Act (“FBLA”), 49 U.S.C.App. §§ 81-124,1 alleging that United Parcel Service, Inc. (“UPS”) misdelivered two international shipments of video games. After a jury trial, the district court granted judgment as a matter of law in favor of UPS. ESI appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and remand.

I

In July 1992, ESI received two orders from Importalavera, a company located in Spain, for video games and accessories. The orders were packaged into two shipments, one…

2Cases cited5 opinions

  1. Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
  2. Pere Marquette Railway Co. v. J. F. French & Co.Supreme Court of the United States · 1921
  3. Intech, Inc. v. Consolidated Freightways, Inc.Court of Appeals for the First Circuit · 1987
  4. Zamalloa v. HartCourt of Appeals for the Ninth Circuit · 1994
  5. Tokio Marine & Fire Insurance v. Amato Motors, Inc.District Court, N.D. Illinois · 1994

3Cited by2 opinions

  1. PolyGram Group Distribution, Inc. v. Transus, Inc.District Court, N.D. Georgia · 1997
  2. 96 Cal. Daily Op. Serv. 6714, 96 Daily Journal D.A.R. 10,964 Electro Source, Inc., a California Corporation v. United Parcel Service, Inc., an Ohio CorporationCourt of Appeals for the Ninth Circuit · 1996

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