New York, NY
Admiralty and maritime Lawyer at New York, NY
Practice Areas: Admiralty & Maritime, Insurance ... +2 more
OUTCOME: Motion denied
Defended against a motion to dismiss claims on forum non conveniens grounds based on contractual agreement to Singapore jurisdiction.
OUTCOME: Determination of liability
Action for shipowner’s limitation of liability and damages for losses to cargo and ship due to fire.
OUTCOME: Determination of cause of fire
Action for shipowner’s limitation of liability and damages for losses to cargo and ship due to fire.
OUTCOME: Obtained judgment for full amount of plaintiff’s claim
Prosecuted breach of contract claim.
OUTCOME: Judgment for Republic Nat'l Bank affirmed
Delta Air Lines appealed a judgment entered in the United States District Court for the Southern District of New York (Martin, J.), denying Delta (as carrier) the conditional right to limit its liabili ... ty for lost cargo under the Warsaw Convention, and awarding Republic National Bank the full face value of a shipment of currency lost during transportation.
OUTCOME: Judgment in favor of USAir affirmed
Judgment of the United States District Court for the Southern District of New York (Denise Cote, Judge) granted USAir's motion for partial summary judgment. The District Court held (1) that Defendant S ... kyway Freight Systems, Inc. (“Skywayâ€) was liable to Plaintiff Nippon Fire & Marine Insurance Co., Ltd., for losses incurred during a shipment of laptop computers made by the plaintiff’s subrogor, but that its liability was contractually limited under its shipping contracts; (2) that the liability of USAir to Skyway was limited in accordance with USAir's contract with Skyway and (3) that USAir was not directly liable to the plaintiff in tort at all.
OUTCOME: Judgment in favor of Federal
Federal was the subrogated underwriter of a company that had contracted with Yusaen to transport a shipment by air from Singapore to Massachusetts. The shipment was lost. Yusen filed a motion for parti ... al summary judgment, asserting it was only liable for $20.00 per kilogram pursuant to Article 22(2) of the Convention for the Unification of Certain Rules Relating to International Transportation by Air ("Warsaw Convention"). The United States District Court for the Southern District of New York granted Yusen's motion. Federal then successfully moved for summary judgment on the issue of Yusen's liability for the loss of the cargo. Federal appealed from the part of the judgment limiting its damages. The court reversed the case and remanded because Yusen's air waybill did not conform to the requirements of Article 8(c) of the Warsaw Convention. Because defendant’s airbill did not comply with the Warsaw Convention, defendant was not entitled to the limitations on liability provided for in the Convention.
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