The Cargo Letter
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The Cargo Letter |
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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
Underwood Cotton v. Hyundai Merchant Marine
9th Circuit Court of Appeals
April 26, 2002
Carriage of Goods by Sea Act ("COGSA") - Statute of Limitations: COGSA's 1
year period to bring an action against a carrier does apply to claims under
the Federal Bills of Lading Act ("Pomerene Act"), 49 U.S.C. §§ 80101-80116,
for bills of lading issued for the carriage of goods.
Holding: Underwood Cotton Company, Inc., (Underwood) brought an action
against Hyundai, alleging that Hyundai failed to issue a bill of lading to it
after Underwood delivered to Hyundai cotton sold to Cosan U.S.A. Supply, Inc.
(Cosan), and that Hyundai failed to follow its demand that Hyundai refrain
from delivering the cotton to Cosan. The district court dismissed the action
on the basis that the action had not been brought within 1 year of delivery
of goods to Cosan under COGSA. The court held that the 1 year limitation to
bring an action against a carrier under COGSA section 1303 (6) applies to
claims related to a bill of lading issued for the carriage of goods by sea
under the Pomerene Act. AFFIRMED.
www.admiraltylawguide.com/circt/9thunderwood.pdf
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:
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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