The Cargo Letter

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Section A: Trade, Financial & Inland News | Section B: FF World Air News |
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Section E: The Forwarder Broker World


OUR "E" Section: The Forwarder Broker World


7. New U.S. Transport Related Legal Cases

Lite-On v. Burlington Aire Express
Ninth Circuit Court of Appeals
July 10, 2001
Carriage of Goods: the consignor of goods named in a bill of lading has
standing to sue the carrier for misdelivery of goods & breach of contract
regardless of evidence that the consignee, and not the consignor, entered
into the shipment contract with the carrier; thus the district court's
granting of summary judgment on behalf of the consignor's assignee against>
the carrier for delivery of the goods without presentation of an endorsed
copy of the bills of lading, and where the consignee had not paid for the
goods, was affirmed. 
http://www.admiraltylawguide.com/circt/9thliteon.pdf

Carey v. United Airlines
Ninth Circuit Court of Appeals
July 2001
Torts / Warsaw Convention: the district court correctly held that the Warsaw
Convention is the exclusive remedy for Carey's claims arising out of the
airline's alleged intentional misconduct under El Al Israel Airlines, Ltd. v.
Tseng, 525 U.S. 155 (1999). There is no indication that the Hague
Protocol of 1955 & the Montreal Protocol No. 4 of 1975 were meant to remove a
plaintiff's claim from the ambit of the Convention altogether if "willful
misconduct" is shown. The district court also properly granted summary
judgment for the airline on the grounds that Carey could not recover under
the Convention, because the physical manifestations of his emotional & mental
distress do not satisfy the "bodily injury" requirement in Article 17 of the
Convention. Facts: Carey & his 3 daughters were flying from Costa Rica to Los
Angeles, en route to their home in Portland. During the flight, 2 of his
children began suffering earaches &left their seats in coach class to seek
medicine from Carey, who was sitting in 1st class. A flight attendant warned
Carey that his children were not permitted to come into the 1st class cabin
under the Federal Airline Admin. ("FAA") regulations. Later, Carey confronted
an alleged FAA representative, who refused to show his identification. A
heated exchange between Carey & the FAA representative followed, which
included insults & profanity. Carey alleged that he suffered physical
manifestations including nausea, cramps, perspiration, nervousness, tension,
& sleeplessness and sought to recover damages under state law for his
emotional & mental distress. The magistrate judge concluded that the
Convention was Carey's exclusive remedy, under which his alleged injury did
not satisfy the conditions for carrier liability. The court granted the
airline's motion for summary judgment. Carey appealed. AFFIRMED.
http://caselaw.lp.findlaw.com/data2/circs/9th/0035069p.pdf

Newport News Shipbuilding v. Riley
Fourth Circuit Court of Appeals
June 29, 2001 (Revised)
Longshore & Harbor Worker's Act: claimant made out a prima facie case of
disability, and Newport News did not rebut this case by showing that there
was suitable alternative employment available either within or without the
company; Newport News instead contended simply that claimant was terminated
for poor performance, which did not enable Newport News to carry its burden
of showing the availability of suitable alternative employment.
http://www.admiraltylawguide.com/circt/4thriley.html

Weaver v. Hollywood Casino-Aurora
Seventh Circuit Court of Appeals
June 21, 2001
Admiralty Jurisdiction/Jones Act: a party seeking to invoke federal admiralty
jurisdiction over a personal injury claim pursuant to 28 U.S.C.1333(1) and
pursuant to the Jones Act must satisfy conditions of location on navigable
waters and of connection with maritime activity; since the record indicated
that the portion of the river where the casino boat was located may not have
been navigable in fact, the case was remanded so that the district court
could determine whether subject matter jurisdiction existed.
http://www.admiraltylawguide.com/circt/7thweaver.html

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Written from wire stories, the Associated Press, Reuters, Hong Kong Shipping News Lloyds & other world sources.