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ARTICLE · 13 APRIL 2017

UPS Not Liable Under Montreal Convention In Cargo Delay Case

Clyde & Co
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Carrier not responsible for delay caused by Israeli customs; dismissal also warranted because shipping contract excludes liability for consequential damages.

United StatesLitigation, Mediation & Arbitration
Nicholas Magali
Nicholas Magali
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Carrier not responsible for delay caused by Israeli customs; dismissal also warranted because shipping contract excludes liability for consequential damages

Plaintiff Avigail Rosenberg sued United Parcel Service, Inc. ("UPS") under the Montreal Convention, alleging that UPS caused her shipment of Apple iPhone 5S telephones from the United States to Israel to be delayed. After the shipment's arrival at Tel Aviv's Ben Gurion International Airport, Israeli Customs would not release the cargo until the plaintiff paid required shipping charges, customs duties, taxes, fees and surcharges. After the plaintiff made the required payments, Israeli Customs cleared and released the shipment, which was delivered to the intended recipient approximately four months later than originally scheduled.

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