CHUBB INS. CO. v. MENLO WORLDWIDE FORWARING

No. 08-55281.

634 F.3d 1023 (2011)

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 WORLDWIDE 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.

Filed February 10, 2011.


Attorney(s) appearing for the Case

Michael S. McDaniel , Countyman & McDaniel, Los Angeles, CA, argued the cause for the defendant-third-party-plaintiff-appellant, and filed the briefs. Byron E. Countyman , Geoffrey W. Gill , and Christoph M. Wahner , Countyman & McDaniel, Los Angeles, CA, were also on the briefs.

Scott D. Cunningham , Condon & Forsyth LLP, Los Angeles, CA, argued the cause for the third-party-defendant-appellee, and filed the brief. Roderick D. Margo and Julia K. Doyle , Condon & Forsyth LLP, Los Angeles, CA, were also on the brief.

Brandon Fried and Richard Fisher , Airforwarders Association, Washington DC, filed a brief on behalf of Amicus Curiae Airforwarders Association, in support of the defendant-third-party-plaintiff-appellant.

Dr. Eduardo T. Cosentino , Langbehn & Cosentino, Buenos Aires, Argentina, filed a brief on his own behalf, in support of the defendant-third-party-plaintiff-appellant.

John D. Dillow , Kathleen M. O'Sullivan , and Mack H. Shultz , Perkins Coie, LLP, Seattle, WA, filed a brief on behalf of Amicus Curiae Aerospace Industries Association of America, Inc.

Robert A. Rees , Rees Law Firm, PC, Los Angeles, CA, filed a brief on behalf of Amicus Curiae Paul Stephen Dempsey, in support of the third-party-defendant-appellee.

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


OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the Montreal Convention's two-year statute of limitations on "the right to damages" in connection with international air cargo shipments applies to suits seeking indemnification and contribution.

I

On November 14, 2004, Air New Zealand Engineering, Ltd. contracted with Menlo Worldwide Forwarding, Inc. ("Menlo") to ship a turbine aircraft engine from New Zealand to the United States...

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