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QBE INS. (INTERN.) LTD. v. EVA AIRWAYS CORP.

No. CV 13-0279 RS.

943 F.Supp.2d 1022 (2013)

QBE INSURANCE (INTERNATIONAL) LTD., a foreign corporation, Plaintiff, v. EVA AIRWAYS CORPORATION, a foreign corporation; and Does 1 through 10, inclusive, Defendants.

United States District Court, N.D. California, San Francisco Division.

April 19, 2013.

Attorney(s) appearing for the Case

Adam Curtis Brown , Andrea R. Shearer , Hill Rivkins Brown & Associates, Fair Oaks, CA, for Plaintiff.

Kevin Richard Sutherland , Natalie R. Quan , Clyde & Co. U.S. LLP, San Francisco, CA, for Defendants.

ORDER GRANTING MOTION TO DISMISS

RICHARD SEEBORG, District Judge.

I. INTRODUCTION

Plaintiff QBE Insurance (International) Ltd. (QBE) purports to advance claims for breach of contract and negligence arising from alleged damage to cargo being transported via air from San Francisco, California to Shanghai, China. The parties agree that the Montreal Convention, a treaty governing the international air carriage of cargo, constitutes the exclusive law...

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