Legal Opinion
Kemper Insurance Companies v. Federal Express Corp.
Court of Appeals for the Ninth Circuit
Decided July 16, 2002No. 01-15978; D.C. No. CV-99-04271-CALPublished
1Opinion of the Court
MEMORANDUM *
Kemper Insurance Companies (“Kem-per”), subrogee for shippers Holmes Protection Group, Inc. and Ferrari Express, Inc., appeal the district court’s partial grant of summary judgment to Federal Express Corporation (“FedEx”) in Kem-per’s action alleging breach of contract for carriage of goods.
Kemper contends that FedEx’s contractual limitation of liability is unenforceable because it restricts the value a shipper can declare, even though FedEx accepts shipments valued in excess of that value.
We apply federal common law to determine the validity of a contractual clause that limits a…
2Cases cited4 opinions
- Union Pacific Railroad v. BurkeSupreme Court of the United States · 1921
- Thomas Deiro v. American Airlines, Inc.Court of Appeals for the Ninth Circuit · 1987
- Read-Rite Corporation and American Homes Assurance Company v. Burlington Air Express, Ltd Cargolux Airlines International, s.a.,denyingCourt of Appeals for the Ninth Circuit · 1999
- Vision Air Flight Service, Inc. v. M/V National PrideCourt of Appeals for the Ninth Circuit · 1998