Legal Opinion

Continental Insurance v. Federal Express Corp.

Court of Appeals for the Ninth Circuit

Decided June 28, 2006No. 03-57162, 03-57214PublishedCited by 2 opinions

1Opinion of the Court

HUG, Circuit Judge.

This appeal is from a stipulated judgment for $109,023.24 in favor of Continental Insurance Company (“Continental”) for goods lost in shipment by Federal Express Corporation (“FedEx”). We have jurisdiction because the parties reserved the right to appeal the district court’s rulings on the applicability of the Original Warsaw Convention and its subsequent amending agreements, the Hague Protocol and the Montreal Protocol No. 4.

I. BACKGROUND

On March 31 and April 15, 1999, FedEx and Comet Electronics Co., Ltd., entered into a contract of carriage, whereby FedEx agreed to ship…

2Cases cited10 opinions

  1. Fujitsu Limited v. Federal Express CorporationCourt of Appeals for the Second Circuit · 2001
  2. Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1990
  3. Shannon Casey v. Albertson's Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2004
  4. Chubb & Son, Inc., as Subrogee of Samsung Semiconductor v. Asiana AirlinesCourt of Appeals for the Second Circuit · 2000
  5. Avero Belgium Insurance v. American Airlines, Inc.Court of Appeals for the Second Circuit · 2005

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3Cited by2 opinions

  1. 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
  2. Cieutat v. HPSCP Investments, LLCDistrict Court, S.D. Alabama · 2020

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