United States Gold Corp. v. Federal Express Corp.

How courts have described this case

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

• holding that a court may consider the economic stature and commercial sophistication of the parties in determining the enforceability of a limitation of liability
• finding that plaintiffs prior course of dealing with Federal Express demonstrated that plaintiff had adequate notice of Federal Express’s limitation of liability
• finding third factor satisfied where plaintiff secured protection for its shipment from an outside insurer
• “The legal validity of an agreed value contract enabled the carrier’s rate to be reasonably proportioned to the risk to which it was exposed.”
• undisputed that both parties were sophisticated commercial entities and that shipper, from its extensive previous use of Federal Express, had more than adequate notice of the liability limitation, and even secured protection for its shipment from an outside insurer

Source: CourtListener parenthetical corpus (CC0).