MIAMI — A federal judge has dismissed a claim of declaratory judgment against three logistics companies who own a South Florida temporary storage facility where a shipment of more than 20,000 iPhones en route from China were allegedly stolen.
According to the May 31 U.S. District Court Southern District of Florida filing, defendants Lan Cargo SA, Latam Airlines Group S.A., and Prime Airport Services (LAN defendants) joined in previous defendant China Airlines' motion to dismiss two of six counts filed in a complaint by plaintiffs DHL Global Forwarding (China) Co. LTD and others.
The case stems from the plaintiff's shipment of approximately 23,260 Apple iPhones transported by China Airlines to South Florida that were allegedly stolen from LAN's storage facility. Two of the plaintiffs' six claims against LAN reviewed by the district court included breach of contract in violation of the Montreal Convention and a declaratory judgment alleging "failure to take all reasonable measures to prevent the subject loss."
While in state court, China Airlines, now removed from the case, argued that the plaintiff's declaratory judgment claim is a duplicate because it is based "on the exact issues to be determined" in their breach of contract claim. However, the plaintiffs argue that combing "convention claims" is allowed and that their declaratory claim is "separate from a determination of liability itself."
U.S. District Judge Marcia Cooke concluded that the court would grant LAN's motion to dismiss and stated that the plaintiffs had attempted "to obscure the nature of their claim" in their breach of contract under the Montreal Convention count and failed to state their purpose in their declaratory relief claim.