Legal Opinion

Motorola, Inc., a Corporation Fireman's Fund Insurance Company, a Corporation v. Federal Express Corporation, and Kuehne & Nagel, Inc.

Court of Appeals for the Ninth Circuit

Decided October 16, 2002No. 00-17374PublishedCited by 14 opinions

1Opinion of the Court

FISHER, Circuit Judge:

In this appeal, Kuehne & Nagel, Inc. (“K&N”) challenges the district court’s award of $244,080 and prejudgment interest to Motorola, Inc. Motorola brought claims under the Warsaw Convention arising out of damage to cargo sustained during transit from Texas to Japan after it hired K&N to transport the cargo. K&N principally contends that the district court erred in determining the liability limitation based on the weight of the entire shipment rather than only on the weight of the damaged component; that, in any event, the damaged portion of the shipment did not affect…

2Cases cited26 opinions

  1. General Motors Corp. v. Devex Corp.Supreme Court of the United States · 1983
  2. Air France v. SaksSupreme Court of the United States · 1985
  3. El Al Israel Airlines, Ltd. v. Tsui Yuan TsengSupreme Court of the United States · 1999
  4. Monessen Southwestern Railway Co. v. MorganSupreme Court of the United States · 1988
  5. Chan v. Korean Air Lines, Ltd.Supreme Court of the United States · 1989

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3Cited by14 opinions

  1. Sompo Japan Insurance v. Nippon Cargo Airlines Co.Court of Appeals for the Seventh Circuit · 2008
  2. Underwriters at Lloyds Subscribing to Cover Note B0753PC1308275000 v. Expeditors Korea Ltd.Court of Appeals for the Eleventh Circuit · 2018
  3. Continental Insurance Company, a Corporation v. Federal Express Corporation, a Corporation, Continental Insurance Company, a Corporation v. Federal Express Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 2006
  4. amazon.com Inc. & Subsidiaries v. CirCourt of Appeals for the Ninth Circuit · 2019
  5. G.D. Searle & Co. v. Federal Express Corp.District Court, N.D. California · 2003

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