Nippon Fire & Marine Insurance Co., Ltd. v. Skyway Freight Systems, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• validating such provisions where they are “set forth in a ‘reasonably communicative’ form so as to result in a ‘fair, open, just and reasonable agreement’ between carrier and shipper” and “offer the shipper a possibility of higher recovery by paying the carrier a higher rate”
• validating such provisions where they are “set forth 6 in a ‘reasonably communicative’ form so as to result in a ‘fair, open, just and reasonable 7 agreement’ between carrier and shipper” and “offer the shipper a possibility of higher recovery 8 by paying the carrier a higher rate”
• “[F]ederal common law continues to control the issue of liability of air carriers for lost or damaged shipments even after deregulation.”
• “It is well established that stays pursuant to § 362(a) are limited to debtors and do not encompass non-bankrupt co- defendants.”
• “Such clauses, therefore, limit recovery not only for breach of contract, but also . . . conversion.”
• “[F]ederal common law continues to control the issue of liability of air carriers for lost or damaged shipments even after deregulation.”

Source: CourtListener parenthetical corpus (CC0).