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CHUBB INS. CO. v. MENLO WORLDWIDER FORWARDING

No. 08-55281.

622 F.3d 1260 (2010)

CHUBB INSURANCE COMPANY OF EUROPE S.A., a foreign corporation, on behalf of itself and all other underwriters subscribing to policy number CJ7317, Plaintiff, v. MENLO WORLDWIDER FORWARDING, INC., a corporation, Defendant, v. UPS Supply Chain Solutions, Inc., a corporation f/k/a Menlo Worldwide Forwarding, Inc., Defendant-third-party-plaintiff-Appellant, v. Qantas Airways Limited, Third-party-defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 22, 2010.

Attorney(s) appearing for the Case

Joshua E. Kirsch, Esquire , Gibson Robb & Lindh, LLP, San Francisco, CA, for Plaintiff.

Andrew D. Kehagiaras , Roberts & Kehagiaras LLP, Los Angeles, CA, for Defendant.

Geoffrey Gill , Michael S. McDaniel, Esquire , Countryman & McDaniel, Los Angeles, CA, for Defendant-third-party-plaintiff-Appellant.

Rod D. Margo, Esquire , Condon & Forsyth LLP, Los Angeles, CA, for Third-party-defendant-Appellee.

Before: DIARMUID F. O'SCANNLAIN, RONALD M. GOULD and SANDRA S. IKUTA, Circuit Judges.

ORDER

The court invites briefs from amici curiae addressing the question whether Article 35 of the Convention for the Unification of Certain Rules for International Carriage by Air, May 28, 1999, S. Treaty Doc. No. 106-45 ("Montreal Convention"), providing that "[t]he right to damages shall be extinguished if an action is not brought within a period of two years," is applicable to indemnity actions brought by defendants...

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