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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

KUEHNE + NAGEL INC., 

Plaintiff,

v. Case No.: 1:22-cv-22939 

ABSA AEROLINHAS BRASILEIRAS S.A. 

INC., LAN CARGO S.A., and LATAM 

AIRLINES GROUP S.A. INC., 

Defendants. 

/ 

COMPLAINT

COMES NOW, Plaintiff, KUEHNE + NAGEL INC. (hereinafter referred to as “Plaintiff” 

and/or “K+N”), by and through its undersigned counsel, and files its Complaint against

Defendants, ABSA AEROLINHAS BRASILEIRAS S.A., LAN CARGO S.A., and LATAM 

AIRLINES GROUP S.A. INC., (hereinafter “Defendants” and/or “LATAM”), alleges upon 

information and belief as follows: 

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff, KUEHNE + NAGEL INC., was and is a New York corporation, with its 

principal place of business in New Jersey, and was a party to Defendant’s air waybill that is the 

subject of the instant transaction. As such, it is entitled to bring and has standing to maintain the 

instant action.

2. At all material times, Defendant, ABSA AEROLINHAS BRASILEIRAS S.A. 

INC., is a foreign corporation or business entity organized and existing under and by virtue of laws 

of a foreign nation, and/or is a carrier or transportation service provider for carriage of goods by 

air for hire. ABSA AEROLINHAS BRASILEIRAS S.A. operates routes in this District, otherwise 

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does business in this District, maintained a registered agent in this District, and issued the subject 

air waybill in this District.

3. At all material times, Defendant, LAN CARGO S.A., is a foreign corporation or 

business entity organized and existing under and by virtue of laws of a foreign nation, and/or is a 

carrier or transportation service provider for carriage of goods by air for hire. LAN CARGO S.A.

operates routes in this District, otherwise does business in this District, and maintained a registered 

agent in this District.

4. At all material times, Defendant, LATAM AIRLINES GROUP S.A. INC., is a 

foreign corporation or business entity organized and existing under and by virtue of laws of a 

foreign nation, and/or is a carrier or transportation service provider for carriage of goods by air for 

hire. LATAM AIRLINES GROUP S.A. INC. operates routes in this District, otherwise does 

business in this District, and maintained a registered agent in this District.

5. This Court has subject matter jurisdiction under 28 U.S.C. 1331 for federal question 

under the Montreal Convention and/or 28 U.S.C. 1332 for diversity jurisdiction over the claims 

for breach of contract and/or air waybill and indemnity because those claims are between citizens 

of different states and the amount in controversy exceeds $75,000.00.

6. The Court also can exercise concurrent, supplemental jurisdiction over the breach 

of contract and indemnity claims because those claims form part of the same case or controversy 

among the Parties as the Montreal Convention claim.

7. Defendants are subject to the jurisdiction of this Court by virtue of their acts and 

omissions and breach of contract in the instant forum, and by causing economic injury in the instant 

forum. Further, said Defendants conduct business in the instant forum on a continuous and 

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systematic basis by virtue of its transportation and logistic services which are performed in the 

instant form, including the LATAM air waybill that is the subject of the instant matter.

8. Venue is proper under 28 U.S.C. 1391(b) because a substantial part of the events 

or omissions giving rise to the claims occurred within this judicial district and division.

9. Plaintiff brings this action on its own behalf and as agent and/or trustee on behalf 

of and for the interest of all parties who may be or become interested in the said consignments, as 

their respective interests may ultimately appear, and Plaintiff is entitled to maintain this action.

10. The Plaintiff timely submitted written notification of loss; has complied with all 

conditions precedent to the bringing of this action; or said conditions have been met, waived, or 

excused.

FACTUAL BACKGROUND

11. K+N is a logistics service provider that assists in the arrangement of the 

transportation of freight on behalf of its customers. 

12. Non-Party, Baker Hughes, is a customer for which K+N provided services on an 

ongoing basis. 

13. In or about September 2020, K+N undertook to provide such logistics services as 

an air freight forwarder and/or indirect air carrier within the meaning and context of the Montreal 

Convention by preparing a house air waybill and retaining the services of Defendant, LATAM, as 

an underlying direct air carrier to perform the physical movement of the Cargo. 

14. The underlying direct air carrier, LATAM, issued Master Air Waybill 549-MIA28452830 for the international air transportation of a shipment goods alleged owned by Baker 

Hughes that was claimed to be in good order and condition, and was delivered to LATAM, and/or 

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its agents, in or around Miami, Florida for transportation to Rio de Janeiro, Brazil, and in 

consideration of an agreed upon freight, with no exceptions noted thereon. 

15. LATAM failed to ensure that the security manifest for the subject shipment 

travelled with the cargo, and as a result, the cargo was seized by customs authorities at destination 

in Brazil.

16. Baker Hughes interposed a claim as against K+N as the cargo was not delivered to 

the intended consignee. Baker Hughes’ has asserted claims for damages to K+N for damages in 

excess of $1,700,000.00. 

17. Accordingly, K+N brings the instant indemnity action against LATAM as it is 

responsible for the alleged damages and loss of the cargo. 

18. As a result of Defendant’s acts, omissions, and breaches, Plaintiff is subject to

damage claims in in excess of $1,700,000.00 USD and Plaintiff reserves the right to amend this 

amount as purported claims and charges continue to accrue given Defendant’s improper handling 

of the subject shipment. 

19. The allegations stated herein are without prejudice to K+N’s defense and denials 

of the claim that is the subject of the above-referenced dispute that it is not liable to Baker Hughes. 

20. K+N in the alternative presents this action as agent for Baker Hughes the cargo 

owner and shipper. 

COUNT I – MONTREAL CONVENTION

21. Plaintiff realleges and repeats paragraphs 1-20 as if set forth herein at length and 

alleges further that:

22. On or about September 2020, LATAM contracted and agreed to deliver said cargo 

from Miami, Florida to Rio de Janeiro, Brazil in the same condition as received and as evidence 

of that agreement issued Master Air Waybill 549-MIA-28452830. 

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23. However, LATAM failed to ensure that the security manifest for the subject 

shipment travelled with the cargo, and as a result, the cargo was seized by customs authorities at 

destination in Brazil. 

24. In turn, LATAM breached the contract of carriage by failing to deliver the cargo to 

the consignee at destination in the same condition as received in violation of the Montreal 

Convention, to the extent the Montreal Convention is applicable to the instant facts. 

25. As a direct and proximate result thereof, Plaintiff has been damaged in amounts in 

excess of $1,700,000.00 USD plus related fees, charges, and expenses. Plaintiff reserves the right 

to amend this amount. 

WHEREFORE, for each of the reasons set forth above, Plaintiff, KUEHNE + NAGEL 

INC., respectfully requests that judgment be entered against Defendants, ABSA AEROLINHAS 

BRASILEIRAS S.A. INC., LAN CARGO S.A., and LATAM AIRLINES GROUP S.A. INC, in 

favor of Plaintiff in an amount in excess of $1,700,000.00 USD, or as otherwise determined by 

this Court together with prejudgment interest, costs, attorney’s fees, and such other relief as this 

Court may deem just and proper. 

COUNT II – BREACH OF CONTRACT – AIR WAYBILL

26. Plaintiff realleges and repeats paragraphs 1-20 as if set forth herein at length and 

alleges further that:

27. On or about September 2020, LATAM contracted and agreed to deliver said cargo 

from Miami, Florida to Rio de Janeiro, Brazil in the same condition as received and as evidence 

of that agreement issued Master Air Waybill 549-MIA-28452830. 

28. However, LATAM failed to ensure that the security manifest for the subject 

shipment travelled with the cargo, and as a result, the cargo was seized by customs authorities at 

destination in Brazil.

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29. In turn, LATAM breached the contract of carriage by failing to deliver the cargo to 

the consignee at destination in the same condition as received. 

30. As a direct and proximate result thereof, Plaintiff has been damaged in amounts in 

excess of $1,700,000.00 USD plus related fees, charges, and expenses. Plaintiff reserves the right 

to amend this amount. 

WHEREFORE, for each of the reasons set forth above, Plaintiff, KUEHNE + NAGEL 

INC., respectfully requests that judgment be entered against Defendants, ABSA AEROLINHAS 

BRASILEIRAS S.A. INC., LAN CARGO S.A., and LATAM AIRLINES GROUP S.A. INC, in 

favor of Plaintiff in an amount in excess of $1,700,000.00 USD, or as otherwise determined by 

this Court together with prejudgment interest, costs, attorney’s fees, and such other relief as this 

Court may deem just and proper. 

COUNT III – NEGLIGENCE

31. Plaintiff realleges and repeats paragraphs 1-20 as if set forth herein at length and 

alleges further that:

32. LATAM owed a duty to Plaintiff and/or the cargo interest to carry, bail, keep and 

care for, protect, and deliver the subject shipment in the same good order and condition as at the 

time Defendant first accepted custody and control of the goods. 

33. LATAM breached and was negligent in its duty to carry, bail, keep and care for, 

protect, and deliver the subject shipment in the same good order and condition as at the time 

Defendant first accepted custody and control of the goods. 

34. Without prejudice to K+N’s defenses, LATAM’s failure to ship the cargo with the 

requisite cargo manifest on behalf of Plaintiff and/or the cargo interest was an error independent 

of air carriage and as such reflects LATAM failing to act with due care. 

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35. As a direct and proximate result of the negligence of LATAM, Plaintiff has been 

damaged in amounts in excess of $1,700,000.00 USD plus related fees, charges, and expenses. 

Plaintiff reserves the right to amend this amount.

WHEREFORE, for each of the reasons set forth above, Plaintiff, KUEHNE + NAGEL 

INC., respectfully requests that judgment be entered against Defendants, ABSA AEROLINHAS 

BRASILEIRAS S.A. INC., LAN CARGO S.A., and LATAM AIRLINES GROUP S.A. INC, in 

favor of Plaintiff in an amount in excess of $1,700,000.00 USD, or as otherwise determined by 

this Court together with prejudgment interest, costs, attorney’s fees, and such other relief as this 

Court may deem just and proper. 

COUNT IV – INDEMNITY

36. Plaintiff realleges and repeats paragraphs 1-20 as if set forth herein at length and 

alleges further that:

37. Defendant undertook certain obligations as set forth above for due consideration. 

38. Defendant would have breached its obligations by failing to deliver the subject 

shipment to the consignee in the same good order and condition. 

39. Baker Hughes brought a claim against Plaintiff in regard to the subject shipment 

and alleged damages.

40. In the event that Plaintiff is found liable to an interested party, such damage resulted 

from the breaches of contract, warrant, or standard of care (statutory or otherwise); and/or other 

wrongful acts on the part of Defendant, which entitle Plaintiff to the recovery of reasonable 

attorney’s fees and costs, as well as indemnification and/or contribution. 

41. Plaintiff has incurred and will incur attorney’s fees in this matter.

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WHEREFORE, for each of the reasons set forth above, Plaintiff, KUEHNE + NAGEL 

INC., respectfully requests that judgment be entered against Defendants, ABSA AEROLINHAS 

BRASILEIRAS S.A. INC., LAN CARGO S.A., and LATAM AIRLINES GROUP S.A. INC, in 

favor of Plaintiff in an amount in excess of $1,700,000.00 USD, or as otherwise determined by 

this Court together with prejudgment interest, costs, attorney’s fees, and such other relief as this 

Court may deem just and proper. 

Dated: September 14, 2022 Respectfully submitted,

SPECTOR RUBIN, P.A.

By: /s/ Andrew Spector 

Andrew R. Spector, Esq. (FBN: 634093) 

Spencer J. Wellborn (FBN: 117999)

Continental Plaza

3250 Mary Street, Suite 405 

Miami, Florida 33133 

Tel: 305.537.2000 

Fax: 305.537.2001 

andrew.spector@spectorrubin.com

spencer.wellborn@spectorrubin.com

Attorneys for Plaintiff, Kuehne + Nagel Inc.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed this 14th day 

of September, via the Court’s CM/ECF system, which shall notify all parties of record. 

SPECTOR RUBIN, P.A. 

By: /s/ Andrew Spector 

Andrew R. Spector, Esq. (FBN: 634093) 

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