Legal Opinion
Eli Lilly Do Brasil, Ltda v. Federal Express Corp.
Court of Appeals for the Second Circuit
Decided September 11, 2007No. Docket 06-0530-cvPublishedCited by 29 opinions
1Opinion of the Court
Judge MESKILL dissents in a separate opinion.
B.D. Parker, Jr., Circuit Judge:
Eli Lilly do Brasil (“Lilly”) contracted with Federal Express (“FedEx”) to ship drums of pharmaceuticals from Brazil to Japan. While being trucked in Brazil, the shipment was stolen. This appeal considers whether the limitation on liability in FedEx’s waybill is enforceable and the answer depends on whether federal common law or Brazilian law applies.
The United States District Court for the Southern District of New York (Lynch, J.) agreed with FedEx that federal common law applied, under which the limitation was…
2Cases cited12 opinions
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- Lien Huynh v. Chase Manhattan BankCourt of Appeals for the Ninth Circuit · 2006
- Pritchard v. NortonSupreme Court of the United States · 1882
- Curley v. AMR Corp.Court of Appeals for the Second Circuit · 1998
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3Cited by29 opinions
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