Best Value Kosher Foods, Inc. v. American Airlines, Inc.

JUDGMENT, MEMORANDUM & ORDER

Jack B. Weinstein, Senior United States District Judge

I. Introduction... 298

II. Factual Background... 298

III. Procedural History... 299

IV. Law...300

A. Standard for Summary Judgment ...300

B. The Montreal Convention,.. 300

V. Application of Law to Facts... 301

VI. Conclusion... 302

I. Introduction

Best Value Kosher Foods, Inc. (“Best Value”) sues American Airlines, Inc. (“American”) for negligence in handling a shipment of cheese. It had contracted with American to ship the cheese from Paris to New York. When Best Value received the cheese in New York, it was allegedly…