No. 23-420

UPS Supply Chain Solutions, Inc. v. EVA Airways Corporation

Lower Court: Second Circuit
Docketed: 2023-10-19
Status: Denied
Type: Paid
Response Waived
Tags: air-carrier cargo-claim civil-procedure indemnity-contribution international-carriage montreal-convention personal-jurisdiction rule-12b2 third-party-complaint treaty-law
Key Terms:
Securities Privacy
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Should the Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction have been granted?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW A cargo interest plaintiff sought recovery against a contracting air carrier (petitioner UPS Supply Chain Solutions, Inc. [“UPS-SCS”]) for alleged damages to shipments from the United States to Korea pursuant to the Convention for the Unification of Certain Rules for International Carriage by Air, May 28, 1999, S. Treaty Doc. No. 106-45 (2000) (the “Montreal Convention”). The contracting air carrier (petitioner UPS-SCS) brought a third-party complaint in the action against the acting carrier (respondent EVA Airways Corporation [“EVA”]) for indemnity and contribution pursuant to the Montreal Convention. The acting carrier (respondent EVA) challenged personal jurisdiction in the forum where the underlying cargo claim was brought. Should the Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction have been granted? Specifically, did the District Court and/or the Court of Appeals correctly interpret and apply the requirements of treaty law contained in the Montreal Convention to the personal jurisdiction analysis utilized to rule on and/or review the Rule 12(b)(2) motion to dismiss?

Docket Entries

2024-01-08
Petition DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-20
Waiver of right of respondent EVA Airways Corporation to respond filed.
2023-10-17
Petition for a writ of certiorari filed. (Response due November 20, 2023)

Attorneys

EVA Airways Corporation
Christopher CarlsenClyde & Co US LLP, Respondent
Christopher CarlsenClyde & Co US LLP, Respondent
UPS Supply Chain Solutions, Inc.
Michael S. McDanielCountryman & McDaniel, LLP, Petitioner
Michael S. McDanielCountryman & McDaniel, LLP, Petitioner