Legal Opinion
QBE Insurance v. Eya Airways Corp.
District Court, N.D. California
Decided April 19, 2013No. CV 13-0279 RSPublishedCited by 1 opinion
1Opinion of the Court
ORDER GRANTING MOTION TO DISMISS
RICHARD SEEBORG, District Judge.
I. INTRODUCTION
Plaintiff QBE Insurance (International) Ltd. (QBE) purports to advance claims for breach of contract and negligence. arising from alleged damage to cargo being transported via air from San Francisco, California to Shanghai, China. The parties agree that the Montreal Convention, a treaty governing the international air carriage of cargo, constitutes the exclusive law applicable to this case. Defendant EVA Airways Corporation (EVA) has moved to dismiss on the basis that QBE lacks standing, as it is not listed as the…
2Cases cited16 opinions
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- Zucco Partners, LLC v. Digimarc Corp.Court of Appeals for the Ninth Circuit · 2009
- Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
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