HIH Marine Insurance Services v. Virgin Atlantic Airways, Ltd.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

The Court HEREBY GRANTS IN PART AND DENIES IN PART Defendants’ Motion for Partial Summary Judgment. Upon review of the parties’ submissions, supporting declarations, statutory and case law, and Good Cause Appearing, the Court HEREBY ORDERS that (1) Defendants Virgin Atlantic and Japan Airlines’ are permitted to avail themselves of the limited liability provision of Article 22(2) of the Warsaw Convention; (2) Plaintiffs claim that Defendant Ogden is not covered by the Warsaw Convention is moot; and (3) Defendant Japan Airlines is not subject to punitive damages.

PROCEDURAL BACKGROUND

On June 2, 1999, Plaintiff HIH Marine Insurance (hereinafter “Plaintiff’) filed a complaint in San Mateo County Superior Court, alleging conversion, negligence and liability as a common carrier for lost cargo against Defendants Virgin Atlantic Airways Ltd. (hereinafter “Virgin Atlantic”), Japan Airlines Co. Ltd. (hereinafter “Japan Airlines”), Ogden Aviation Terminal Service, Inc. (hereinafter “Ogden”), and All Van Transportation & Distribution Services, Inc. (hereinafter “All Van”). Plaintiff seeks…