G.D. Searle & Co. v. Federal Express Corp.

ORDER

This matter comes before the Court on Defendant Federal Express Corporation’s Motion for Partial Summary Judgment [Doc. 24] and Defendant Union Transportation GMBH’s Motion for Partial Summary Judgment [Doc. 29]. Having read and considered the arguments presented by the parties in the papers submitted to the Court, the Court finds this matter appropriate for resolution without a hearing. The Court hereby DENIES Federal Express Corporation’s Motion for Partial Summary Judgment and DENIES Union Transportation GMBH’s Motion for Partial Summary Judgment.

I. BACKGROUND

This action arises out of the international transportation of goods by air. Plaintiff G.D. Searle alleges that on or about August 2, 1999, Knoll (now Abbot Laboratories) entrusted a shipment of Verapamil HCL Fine Powder, a powder used in heart medication, to Defendants Federal Express Corporation (“Federal Express”) and Union Transportation GMBH (“Union Transport”). In exchange for agreed upon freight charges, Defendants were to transport the cargo, weighing in total 5,420 kg, from Germany to California, for delivery in two to three days. On August 2, 1999, Union Transport issued its own air waybill “as carrier”…