New Fortune Inc. v. Apex Logistics International Ltd.

Background

New Fortune moved for reconsideration of the court’s January 29, 2021 decision granting the defendants’ motions to dismiss all of New Fortune’s claims. The court incorporated that earlier opinion by reference. This opinion addresses only whether the January 29 decision should be reconsidered.

New Fortune’s arguments

New Fortune argued that the Montreal Convention covered claims involving delay but not claims involving nonperformance, and that the earlier opinion incorrectly treated its first amended complaint as alleging delay in delivering goods and damage to goods that were delivered. New Fortune also argued that the earlier opinion improperly decided factual questions that should have been left to a jury. Finally, New Fortune argued that it should have been allowed to file another amended complaint.

Court’s analysis

The court explained that reconsideration is an exceptional remedy. It generally requires the moving party to identify a controlling decision or information the court overlooked, a change in controlling law, new evidence, a clear error, or a need to prevent serious injustice. It is not a way to reargue old issues or present new theories.

The court rejected New Fortune’s disagreement with the earlier analysis as a basis for reconsideration. It stated that the January 29 opinion had already addressed the nonperformance argument and had determined that the amended complaint alleged damages caused by delay in delivery and damage to delivered goods.

The court also rejected the argument that it had improperly decided issues reserved for a jury. The court said the January 29 opinion determined that New Fortune’s claims were preempted by the Montreal Convention, and that preemption is decided by a court.

The court further found no error in declining to allow a second amendment. New Fortune had already been given an opportunity to amend and had filed its first amended complaint. When opposing the defendants’ dismissal motions, New Fortune did not request another opportunity to amend, identify additional changes, or provide a proposed second amended complaint.

Disposition

Judge Denise Cote denied New Fortune’s February 11, 2021 motion for reconsideration. The opinion does not separately alter the January 29 decision dismissing New Fortune’s claims.