“However, federal courts and New York courts follow different rules for what constitutes proof of conversion. Absent some affirmative proof of conversion, courts applying federal common law will enforce a contractual limitation of liability provision.” Baloise Ins. Co. Ltd. v. United Airlines, 723 F.Supp. 195, 198 (S.D.N.Y. 1989). Federal common law governs a carrier’s liability [...]

Image by Getty Images via Daylife It is a well established principle of statutory construction that ” common law . . . ought not to be deemed to be repealed, unless the language of a statute be clear and explicit for this purpose.” Norfolk R. & H. Auth. V. Chesapeake & Potomac Tel., 464 U.S. [...]