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ROYAL & SUN ALLIANCE v. INTERN. MANAGEMENT SERVS.

Docket No. 12-172-cv.

703 F.3d 604 (2013)

ROYAL & SUN ALLIANCE INSURANCE, PLC, Plaintiff-Appellee, v. INTERNATIONAL MANAGEMENT SERVICES COMPANY, INC., Defendant-Appellant, UPS Supply Chain Solutions, Inc., Worldwide Dedicated Services, Inc., TFE Logistics Group, Inc., FKA the TFE Group, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2013.

Attorney(s) appearing for the Case

David T. Maloof ( Thomas M. Eagan , on the brief), Maloof Browne & Eagan LLC, Rye, NY, for plaintiff-appellee.

Bruce A. Lindsay ( Vincent M. DeOrchis , Montgomery, McCracken, Walker & Rhoads, LLP, on the brief), The Law Offices of Countryman & McDaniel, Los Angeles, CA, for defendant-appellant.

Before: CALABRESI, LYNCH, and CHIN, Circuit Judges.

PER CURIAM:

This case requires us to determine whether, under either the Carmack Amendment or the federal common law of bailment, a third-party contractor is entitled to receive the benefit of a liability limitation in a contract between a shipper and a carrier where the contract does not extend the limitation to third parties. Because we determine that — under either body of law — liability limitations extend to third-party contractors only if the contract...

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