Legal Opinion
Fujitsu Limited v. Federal Express Corporation
Court of Appeals for the Second Circuit
Decided April 20, 2001No. 2000PublishedCited by 622 opinions
1Opinion of the Court
SPATT, District Judge:
This case primarily concerns interpretation of the Warsaw Convention treaty governing the liability of international cargo shippers for damage to returned goods while in their possession. We find that the shipment at issue was not a return as defined by Article 12 of the Warsaw Convention and that the carrier’s shipment of the goods back to the departure destination at the consignee’s direction involved a second acceptance under Article 9, requiring the carrier to create a complete and correct ah' waybill in order to avail itself of the Convention’s limited liability…
2Cases cited20 opinions
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- Scotto v. AlmenasCourt of Appeals for the Second Circuit · 1998
- Tenenbaum v. WilliamsCourt of Appeals for the Second Circuit · 1999
- West v. Goodyear Tire & Rubber Co.Court of Appeals for the Second Circuit · 1999
- El Al Israel Airlines, Ltd. v. Tsui Yuan TsengSupreme Court of the United States · 1999
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3Cited by622 opinions
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- Zubulake v. UBS Warburg LLCDistrict Court, S.D. New York · 2003
- United States v. YousefCourt of Appeals for the Second Circuit · 2003
- Jeffreys v. The City of New YorkCourt of Appeals for the Second Circuit · 2005
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