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ELI LILLY DO BRASIL v. FEDERAL EXPRESS CORP.

Docket No. 06-0530-cv.

502 F.3d 78 (2007)

ELI LILLY DO BRASIL, LTDA, Plaintiff-Appellant, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 11, 2007.

Attorney(s) appearing for the Case

Martin F. Casey, Casey & Barnett, LLC, New York, N.Y., for Appellant Eli Lilly do Brasil, Ltda.

Robert R. Ross, Federal Express Corporation, Memphis, Tenn., for Appellee Federal Express Corporation.

Before: MESKILL, B.D. PARKER, & RAGGI, Circuit Judges.

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...

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