Boehringer Mannheim Diagnostics, Inc. v. Pan American World Airways, Inc.

MEMORANDUM OPINION

ELY, Senior Circuit Judge,

Sitting by Designation.

Plaintiff Hycel, Inc. (“Hycel”) 1 seeks recovery against defendant Pan American World Airways, Inc. (“Pan Am”) under the Warsaw Convention 2 for damage to its Super 17 Blood Chemistry Analyzer (the “Analyzer”) that allegedly occurred during defendant’s shipment of the Analyzer from Brazil to Houston, Texas. Defendant denies liability and also contends that in any event the Convention limits its liability to $9.07 per pound. 3 For the reasons set forth in the following opinion the Court rejects defendant’s contentions and holds…