Narrative Opinion Summary
In this case, the Ninth Circuit Court of Appeals considered an appeal involving Albingia Versicherungs A.G. and Siemens Components Pte. Ltd. against Schenker International Inc. The appeal focused on the applicability of the Warsaw Convention to a theft incident involving chips stolen from Schenker's off-airport warehouse. The district court had ruled that the Convention did not apply, as the theft did not occur during air transport, thereby upholding a $20 per kilogram liability limitation under federal common law. Schenker had sought summary adjudication on the applicability of the Warsaw Convention, but Albingia did not contest a remand if the Convention was deemed inapplicable. The Ninth Circuit amended its prior opinion, confirming the district court's decision and denying a petition for rehearing en banc, with Judges Kleinfeld and Rawlinson voting against rehearing and Judge Quackenbush recommending its denial. The appellate court's ruling solidified the procedural and substantive determinations of the lower court, concluding the appellate process in favor of Schenker International Inc.
Legal Issues Addressed
Applicability of the Warsaw Conventionsubscribe to see similar legal issues
Application: The court assessed whether the Warsaw Convention applied to the theft of goods from Schenker's warehouse, ultimately finding it inapplicable.
Reasoning: The district court ruled that since the chips were stolen from Schenker's off-airport warehouse, the Warsaw Convention was not applicable.
Monetary Limitation on Liabilitysubscribe to see similar legal issues
Application: The court upheld the monetary limitation on liability as valid under federal common law, given the inapplicability of the Warsaw Convention.
Reasoning: The $20 per kilogram limitation was valid under federal common law.
Procedural Rulings on Rehearingssubscribe to see similar legal issues
Application: The court denied the petition for rehearing en banc, indicating finality in the appellate process.
Reasoning: The court denied the petition for rehearing en banc, with Judges Kleinfeld and Rawlinson voting against it, and Judge Quackenbush recommending denial.
Summary Adjudication on Applicability of Conventionssubscribe to see similar legal issues
Application: The court addressed Schenker's motion for summary adjudication concerning the Warsaw Convention's applicability to the case.
Reasoning: Schenker sought summary adjudication on the applicability of the Warsaw Convention and the associated monetary limits in the waybill.