Forman v. Federal Express Corp.
Civil Court of the City of New York
1Opinion of the Court
*442OPINION OF THE COURT
Eileen A. Rakower, J.
Plaintiff Joel Forman commenced this action against defendant Federal Express (Fed Ex) for $4,015, as well as for punitive damages in the amount of $20,000. Plaintiff alleges that he sent $4,015 by Fed Ex, and that the cash was stolen while his package was under its exclusive, control. Plaintiff pleads both wilful and intentional misconduct and conversion by Fed Ex’s agents, employees and assigns.
Fed Ex moves for summary judgment on the ground that Mr. Forman’s tort claims are preempted by federal law, as well as on the ground that there is no…
2Cases cited20 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
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3Cited by1 opinion
- NEW HAMPSHIRE MOTOR TRANSPORT ASS'N v. RoweDistrict Court, D. Maine · 2005