Senior Associate Joshua Southwick Prevails Before Ninth Circuit in Carmack Limitation Appeal: Certain Lloyds Underwriters vs. Baldwin Distribution Services, No. 12-55166

In September, 2013, the Ninth Circuit Court of Appeals issued its memorandum decision affirming judgment in favor of the firm’s client for the full invoice value of a damaged load of computer routers. Defendant argued that its liability was limited by a term in the contract between the shipper and Federal Express, rather than the a similar limitation term in the contract between Federal Express and Baldwin. After obtaining a judgment rejecting this argument in the District Court, and awarding full invoice value to the shipper’s subrogated insurer, Mr. Southwick successfully opposed Defendant’s appeal to the Ninth Circuit Court of Appeal, which affirmed the judgment in full.