ELI LILLY AND CO. v. AIR EXP. INTERN. USA, INC.

No. 09-12725.

615 F.3d 1305 (2010)

ELI LILLY AND COMPANY, individually and f.u.b.o. Elgo Insurance Company Limited, individually and f.u.b.o. Certain London Market Reinsurance Underwriters, Plaintiffs-Appellees, v. AIR EXPRESS INTERNATIONAL USA, INC., d.b.a. DHL Danzas Air & Ocean, d.b.a. DHL Global Forwarding, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 23, 2010.


Attorney(s) appearing for the Case

Hyman Hillenbrand, DeOrchis, Hillenbrand & Weiner, LLP, Ft. Lauderdale, FL, John K. Fulweiler, DeOrchis & Partners, LLP, New York City, for Defendant-Appellant.

Michael Charles Black, William E. Cassidy, Cassidy & Black, P.A., Miami, FL, for Plaintiffs-Appellees.

Kenneth Daniel Sansom, William T. Paulk, II, Spotswood, Samsom & Sansbury, LLC, Birmingham, AL, for Amicus Curiae.

Before MARCUS, WILSON and COX, Circuit Judges.


COX, Circuit Judge:

The Convention for the Unification of Certain Rules for International Carriage ("Montreal Convention") limits international air carrier liability for damage to cargo. This case involves a purported contractual waiver of those limits.

Defendant Air Express International USA, Inc. ("DHL") is a provider of supply chain logistics. Plaintiff Eli Lilly and Company and DHL entered into a long-term service agreement under which DHL agreed to provide...

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