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


OUR "E" Section: The Forwarder/Broker World



New Transport Related Legal Cases

New Transport Related Legal Cases

U.S..vs. Neil
9th Circuit Court of Appeals
Nov. 20, 2002
Jurisdiction: U.S. had extraterritorial jurisdiction over a sexual molestation crime, under 18 U.S.C. section 2244(a)(3), committed by a foreign defendant while employed on a cruise ship departing from & returning to an American port.
http://caselaw.lp.findlaw.com/data2/circs/9th/0150459p.pdf

Winter Storm Shipping v TPI
2nd Circuit Court of Appeals
Oct, 2002
Maritime Remedy of Attachment: Does not violate due process where the asset involved is an electronic funds transfer. When an individual or company transfers funds by means of electronic funds transfer, those funds may be subjected to maritime attachment in the hands of an intermediary bank without violating constitutional process. Result obtains "whether or not the initiator of the transfer knew which intermediary bank would be used to effect it."

Noteworthy Lessons From The Past ......

Fireman's Fund Ins. Co. v. Tropical Shipping & Constr. Co., Inc.
11th Circuit Court of Appeals
254 F.3d 987 (2001)
Marine Insurance: An all-risk marine cargo policy does not to provide coverage of consequential damages, such as damages for interruption of business or lost profits. Court held that there was no way for the insurer to underwrite such business or fix a premium for the risk undertaken.

West Vs. M/V Dickhoner
6th Circuit Court of Appeals
Sept. 4 2000
Maritime Law - This is a court decision, well, best read on your own. Note vessel name.
www.michbar.org/opinions/us_appeals/2000/091400/8104.html

The Cargo Letter Correspondents:
Michael S. McDaniel Esq, Editor (Countryman & McDaniel)
Interpool Corp. -- Webmaster of The Cargo Letter Archive
Cameron W. Roberts, Esq. (Countryman & McDaniel)

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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