Delta Air Lines, Inc. v. Chimet, S.P.A.

619 F.3d 288, 2010 U.S. App. LEXIS 18315, 2010 WL 3385537
CourtCourt of Appeals for the Third Circuit
DecidedAugust 30, 2010
Docket09-1202
StatusPublished
Cited by37 cases

This text of 619 F.3d 288 (Delta Air Lines, Inc. v. Chimet, S.P.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delta Air Lines, Inc. v. Chimet, S.P.A., 619 F.3d 288, 2010 U.S. App. LEXIS 18315, 2010 WL 3385537 (3d Cir. 2010).

Opinion

OPINION

CHAGARES, Circuit Judge.

Plaintiff Delta Airlines, Inc. (“Delta”) appeals from the District Court’s dismissal of this declaratory judgment action on forum non conveniens grounds. Defendant Chimet, S.pA. (“Chimet”) shipped approximately 100 kilograms of pure platinum with Delta from Milan, Italy to Philadelphia, Pennsylvania. The shipment of platinum arrived in Philadelphia but was reported stolen before reaching its ultimate destination. Delta filed a complaint in the District Court, seeking a declaration that its liability for this loss was limited pursuant to Article 22(3) of the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on May 28, 1999 (the “Montreal Convention” or the “Convention”). The District Court granted Chimet’s motion to dismiss the action on forum non conveniens grounds, concluding that critical documents, witnesses, and third parties relevant to the dispute would only be available in Italy and that the location of the alleged culpable conduct was in Italy. For the reasons that follow, we will affirm.

I.

Chimet is an Italian company without any “offices, property, or representatives in the United States of America.” Appendix (“App.”) 131. On April 21, 2007, Chi-met hired Delta to carry cargo consisting of over 100 kilograms of pure platinum from Italy to Philadelphia, Pennsylvania for delivery to Johnson Matthey, Inc. *292 (“Johnson Matthey”)- Chimet worked with several Italian intermediaries to perform the shipment. Chimet appointed Arexpress to arrange for the transportation of the platinum to Johnson Matthey. App. 115. Arexpress retained Securpol Vigilantes to pick up the platinum from Chimet’s factory. App. 116. Securpol Vigilantes delivered the platinum to Vicen-za Sped, which transported the platinum from Vicenza, Italy to Malpensa Airport in Milan. Id. At the airport, Vicenza consigned the platinum to Delta’s agent, Mal-pensa Logística Europea S.p.A. Id. Delta then transported the platinum to Philadelphia, via Atlanta, Georgia. Before the platinum was delivered to Johnson Mat-they, however, it was reported stolen.

The Montreal Convention, which governs the international carriage of passengers, baggage, and cargo, limits Delta’s liability for the loss of cargo to a specified amount per kilogram — an amount much lower than the actual value of the platinum in this case — unless Chimet declared a higher value when it consigned the goods. The parties dispute whether Chimet declared a higher value.

Much of the dispute focuses on the meaning of two documents that were generated in connection with the shipment: an air waybill, printed on a standard International Air Transportation Association (IATA) form, App. 96-97, and a document known as a distinta consegna merce, which we will refer to as a delivery receipt, App. 94. The waybill form includes fields that appear to be designed to allow the consignor to designate values for the cargo. In the field labeled as “Declared Value for Carriage,” the waybill lists the letters “NVD.” App. 96. 1 Delta claims that this abbreviation signifies “No Value Declared.” App. 140. Chimet disagrees with this interpretation, asserting that Italian witnesses will need to testify at trial regarding the meaning of this entry. Chi-met Br. at 21.

The waybill also includes several entries that appear to detail the contents of the shipment. In a field labeled “Nature and Quantity of Goods (inch Dimensions or Volume),” the waybill includes an indication that the goods are “PURE PLATINUM.” App. 96. In the area under this description of the goods as pure platinum, the following information is printed:

VAL VAL VAL VAL
THE FINAL TRANSPORTATION FROM THE AIRPORT TO THE CONSIGNEE’S ADDRESS MUST BE PERFORMED BY CUSTOMS BROKERS OR SPECIALISED COURIERS TO FORWARD VALUABLE CARGO

Id. Chimet suggests that this entry “indicates [its] intent to declare the valuable nature of the cargo.” Chimet Br. at 21. Indeed, the delivery receipt, discussed in greater detail below, indicates a value for the shipment of Q3,050,000. 2 App. 94.

Delta claims that if Vicenza Sped had attempted to declare a value for carriage of Q3,050,000, it would not have accepted the shipment because Delta’s tariff rules limit the value that can be declared for a single shipment to $100,000. App. 141. Delta also asserts that if Vicenza Sped had been able to declare this value, the “valuation charge” would have been Q22,885.52, or approximately $30,000.00. App. 140-41. In addition, Delta contends that the entry “VAL AP Fees 140.47 Euros” entered in the field labeled “Insurance Premium” *293 could not represent a request for insurance in the amount of Q3,050,000. App. 142-43. Had there been such a request, Delta maintains, “the premium would have been $24,000.00, not $185.00,” the amount that appears on the waybill. App. 143. Delta interprets the entry that appears in the “Insurance Premium” field as a spillover from the “Other Charges” field directly above. See id. (“The 140.47 Euro amount shown reflects a portion of certain miscellaneous ‘other charges’ due carrier, which total 218.52 Euros. These other charges were a 5.31 Euros ‘airport tax’; a fuel surcharge of 72.27 Euros and a valuable handling charge made by the export warehouse in Milan of 140.47 Euros.”).

The reverse side of the waybill form includes a number of legal notices. App. 97. At the top of the page, a capitalized notice states that under the Warsaw Convention (which preceded the Montreal Convention), the carrier’s liability is limited in the case of loss unless a higher value is declared in advance and a supplementary charge paid if required. Id. In addition, under the heading “CONDITIONS OF CONTRACT,” the following provisions are listed:

4. Except as otherwise provided in carrier’s tariffs or conditions of carriage, in carriage to which the Warsaw Convention does not apply, carrier’s liability shall not exceed USD 20.00 or the equivalent per kilogram of goods lost....
5. -If the sum entered on the face of the ah' waybill as “Declared Value for Carriage” represents an amount in excess of the applicable limits of liability referred to in the above Notice and in these Conditions and if the shipper has paid any supplementary charge that may be required by the earner’s tariffs, conditions of carriage or regulations, this shall constitute a special declaration of value and in this case carrier’s limitation of liability shall be the sum so declared.

Id.

The parties also dispute the significance of the delivery receipt, a one-page document printed primarily in Italian on a Vi-cenza Sped form. App. 94. The delivery receipt appears to list the number of the air waybill, 006 4899 1622, the weight of the cargo, the destination, and the carrier. Id. It also includes an entry containing the following figure: “EU 3.050.000,00.” Id. Chimet interprets this entry as a declaration of value. See App.

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619 F.3d 288, 2010 U.S. App. LEXIS 18315, 2010 WL 3385537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delta-air-lines-inc-v-chimet-spa-ca3-2010.