Motorola, Inc. v. Kuehne & Nagel, Inc.

MEMORANDUM ORDER

BOBRICK, United States Magistrate Judge.

Before the court is the motion of defendant Federal Express Corporation for partial summary judgment on the issue of damages.

I. BACKGROUND

Plaintiff brings this suit to recover for purported damages to two shipments of equipment for a cellular infrastructure base station. The defendants move for summary judgment on the issue of damages, which they contend are limited by the Warsaw Convention, as it pertains to international air freight. Plaintiff argues that the Warsaw Convention’s provisions limiting damages do not apply to this case.

In…