Legal Opinion
KEMPER INS. COMPANIES v. Federal Exp. Corp.
District Court, D. Massachusetts
Decided September 20, 2000No. Civil Action 99-11523-DPWPublishedCited by 20 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WOODLOCK, District Judge.
An insurance company brings this action against an air carrier in connection with the theft of eight shipments of jewelry. The air carrier moved for dismissal and partial summary judgment enforcing its limitation of liability provision. At the hearing on that motion, I invited further briefing and plaintiff thereafter moved to amend its complaint to allege liability for four shipments as a motor carrier. I will allow the motion for dismissal and for partial summary judgement and deny the motion to amend as futile.
I. RELEVANT FACTS
A.The Parties
Plaint…
2Cases cited29 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
- Gillespie v. CivilettiCourt of Appeals for the Ninth Circuit · 1980
- New York, New Haven & Hartford Railroad v. NothnagleSupreme Court of the United States · 1953
- Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency, Battery Council International, Respondents-IntervenorsCourt of Appeals for the Ninth Circuit · 1992
24 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Blake v. RaceDistrict Court, E.D. New York · 2007
- Kemper Insurance Companies v. Federal Express Corp.Court of Appeals for the First Circuit · 2001
- Esperanza v. City of N.Y.District Court, E.D. New York · 2018
- Dictor v. David & Simon, Inc.California Court of Appeal · 2003
- Vega-Santana v. National Railroad Passenger Corp.District Court, S.D. New York · 2013
15 more not listed; retrieve them via the Exa API.