G. D. Searle & Co. v. Federal Express Corp.

248 F. Supp. 2d 905 (2003)

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G. D. Searle & Co. v. Federal Express Corp.

United States District Court for the Northern District of California
248 F. Supp. 2d 905 (2003)

Facts

Knoll (plaintiff), a laboratory, shipped an ingredient used in heart medication from Germany to the United States. Union Transportation GMBH (Union) (defendant) and Federal Express Corporation (FedEx) (defendant) worked together to provide the shipment. However, Knoll signed a separate airbill for each of the two companies. The Union airbill listed Union as the carrier for its portion of the shipment, and the FedEx airbill listed FedEx as the carrier for its portion of the shipment. Both airbills contained language stating that any written complaints about damage to the shipment could be made to either the carrier whose airbill was used, the first carrier, the last carrier, or the carrier that was transporting the goods when damage occurred. The ingredient was damaged during transit, causing Knoll approximately $850,000 in damages. Knoll gave FedEx prompt written notice of the alleged damage. However, more than a month passed before Knoll gave Union written notice of the alleged damage. Knoll sued both Union and FedEx. Union moved for partial summary judgment, arguing that Knoll’s claims against it were barred because Knoll had not given Union written notice of the damage within 14 days, as required by the Warsaw Convention.

Rule of Law

Issue

Holding and Reasoning (Armstrong, J.)

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