## Facts

- Knoll (plaintiff), a laboratory associated with G. D. Searle & Co., shipped Verapamil HCL Fine Powder, an ingredient used in heart medication, from Germany to the United States.
- Union Transportation GMBH (Union) and Federal Express Corporation (FedEx) worked together to transport the cargo as part of an international air shipment governed by the Warsaw Convention.
- Knoll executed separate air waybills/airbills for each company: one listing Union as the carrier for its portion of the carriage and one listing FedEx as the carrier for its portion.
- Both airbills contained terms stating that written complaints about cargo damage could be made to the carrier whose airbill was used, the first carrier, the last carrier, or the carrier transporting the goods when the damage occurred.
- The cargo was damaged during transit, and Knoll claimed losses of approximately $850,000.
- Knoll provided prompt written notice of the alleged damage to FedEx.
- Knoll did not provide written notice to Union until more than a month after delivery.
- Knoll sued FedEx and Union for cargo damage; Union sought partial summary judgment on the ground that Knoll’s claim against Union was barred for failure to provide Union written notice within 14 days.

## Issues

1. Whether, under the Warsaw Convention’s written-complaint requirement for cargo damage, timely written notice given to FedEx (as an authorized recipient under the airbill terms, including “the last carrier”) satisfied the notice requirement as to Union.
2. Whether Union was entitled to partial summary judgment barring Knoll’s claim against Union based on the fact that Union did not itself receive written notice within 14 days.

## Decision

- The court denied Union’s motion for partial summary judgment.
- The court held that Knoll’s timely written notice to FedEx satisfied the Warsaw Convention’s written-complaint requirement in light of the airbill language permitting complaints to the last carrier (and other listed carriers), so Knoll’s claim against Union was not barred on notice grounds.

## Legal Principles

- Under the Warsaw Convention, a cargo-damage claim can be barred if the claimant fails to give the carrier timely written notice of the damage (commonly within 14 days of receipt for damaged cargo).
- In multi-carrier international carriage, the governing contract documents (including airbills/air waybills) may specify which carriers may receive written complaints (e.g., the issuing carrier, the first carrier, the last carrier, or the carrier in possession when the damage occurred).
- Where the transportation documents authorize giving notice to specified carriers, timely written notice to an authorized carrier can satisfy the Convention’s written-complaint requirement, even if another participating carrier did not receive notice within the 14-day period.
- On summary judgment, the moving party must show there is no genuine dispute of material fact and that it is entitled to judgment as a matter of law; the court evaluates the record in the light most favorable to the nonmoving party.

## Conclusion

Because the airbills permitted written damage complaints to be made to the last carrier and Knoll gave timely written notice to FedEx, Union could not obtain summary judgment barring the claim solely on the basis that Union received written notice more than 14 days after delivery.


G. D. Searle & Co. v. Federal Express Corp., 248 F. Supp. 2d 905 (2003)