The Cargo Letter
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The Cargo Letter |
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Our Top Story: Landmark Alameda Corridor Opens For Business - Speeding Cargo For L.A. & Long Beach |
Section A: Section: Trade, Financial & Inland News
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Section B: FF World Air News |
Section C: FF World Ocean News | Section
D: FF in Cyberspace |
Section E: The Forwarder Broker World
Sea-Land Service, Inc., v. Lozen Int'l, LLC
9th Circuit Court of Appeals
April 3, 2002
Carriage of Goods By Sea Act: This dispute arose out an errant & late
shipment of grapes from Hermositllo, Mexico to Felixstowe, England. Lozen
arranged with Sea-Land to transport the grapes from Mexico to England.
Because of an error, the shipment was not timely, and Lozen sold the grapes
for a loss in the U.S. Sea-Land filed suit to recover freight charges. Lozen
counterclaimed, seeking damages for the losses the delay incurred. The 9th
Circuit found that, contrary to Lozen's assertions, that the parties had not
made a special oral agreement to deliver the grapes by a certain date & that
the terms on Sea-Land's electronic B/L controlled the agreement.
Furthermore, Sea-Land's bills of lading contained a "Clause Paramount," which
incorporated the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. App. sec.
1300-1315. Therefore, although the COGSA ordinarily does not apply to this
situation, it applied through the enforceable "Clause Paramount." However,
the 9th Circuit held that a genuine issue of a material fact existed as to
whether or not the delay CSX, Sea-Land's rail agent, caused was an
unreasonable deviation, thereby rendering Sea-Land's liability limitation
clause in its bill of lading unenforceable as to the damages caused by the
unreasonable deviation. Therefore, the District Court erred in issuing
summary judgment on the limitation clause issue. The 9th Circuit further
held that the District Court abused its discretion in excluding an e-mail,
which conformed to Fed. R. Evid. 801(d)(2)(D), tending to show that CSX, as
Sea-Land's agent, committed an unreasonable deviation. REVERSED & REMANDED.
http://caselaw.lp.findlaw.com/data2/circs/9th/0057058p.pdf
R.M.S. Titanic v. The Wrecked and Abandoned Vessel
4th Circuit Court of Appeals
April 12, 2002
Salvage/In Rem Action: R.M.S. Titanic, Inc. ("RMST") is the
salvor-in-possession of the submerged wreck R.M.S. Titanic & artifacts
salvaged from the wreck. But RMST's salvage lien in the artifacts has not
converted to title in the artifacts. RMST must 1st complete the salvage
service that it intends to perform & have its salvage reward determined. Only
after its reward is determined can it seek to enforce the lien against the
artifacts themselves.
www.admiraltylawguide.com/circt/4thrmstitanic.html
Written from wire stories, the Associated Press, Reuters, Hong Kong Shipping News Lloyds & other world sources.
The Cargo Letter Correspondents:
Michael S. McDaniel, Esq., Editor
(Countryman & McDaniel).
Cameron W. Roberts, Esq. (Countryman & McDaniel)
Please click below for other sections:
Our Top Story: Landmark Alameda Corridor Opens For Business - Speeding Cargo For L.A. & Long Beach |
Section A: Section: Trade, Financial & Inland News
|
Section B: FF World Air News |
Section C: FF World Ocean News | Section
D: FF in Cyberspace |
Section E: The Forwarder Broker World
Written from wire stories, the Associated Press, Reuters, Hong Kong Shipping News Lloyds & other world sources.
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