Intact Seals No Defense under Carmack Amendment

Thursday, August 01, 2002
In an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit ruled that evidence that the seals on a container were intact is not, standing alone, a defense to a claim for damages brought be a shipper against the carrier. In the instant case, a container of shoes was being shipped from Brazil to Lynchburg, Va. The container was loaded, sealed, and weighed in Brazil. When the container arrived in Norfolk, Va., it was accepted by defendant carrier, who issued its own bill of lading showing the same basic weight as that listed in the original bill of lading prepared in Brazil. After the container was delivered, it was discovered that many of the shoes were missing. Defendant contended, among other things, that it accepted the shipper's weight and count. The court determined that the Carmack Amendment applied since the shipment was from a foreign country and that the Pomerene Act did not apply since this particular leg of the shipment was intrastate. The court held that, where the carrier includes the weight of the shipment (without qualification) on its own bill of lading, the fact that the seals are intact is not a defense under the Carmack Amendment. Source: HK Law
Maritime Reporter March 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

Golden Ocean and Knightsbridge Complete Merger

The merger between Knightsbridge Shipping Limited and Golden Ocean Group Limited was approved today at special meetings of both companies' shareholders.      The new company,

Panama Canal Sets Sight on Another Expansion

As it enters the final stretch of a massive expansion, the Panama Canal Authority is setting its sights on an even more ambitious project worth up to $17 billion

Long Beach, LA Collaborate to Improve Cargo Flow

Executives from the ports of Long Beach and Los Angeles held a kickoff meeting earlier this week to begin working together to focus on cargo conveyance strategies

Legal

'Run to Remember' by USCG Foundation

The Coast Guard Foundation, a non-profit organization committed to the education and welfare of Coast Guard members and their families, announced this year’s

Salvage, Wreck Removal Beset with Chronic Problems

The basic nature of maritime casualties, salvage and wreck removal has evolved rapidly over the last few years. Ships and offshore constructions have become more technologically elaborate,

JIT Transit Slots Reduced at Panama Canal

The Panama Canal has experienced an unusual increase in the number of vessels awaiting transit during the past few weeks. Several measures have been implemented to reduce the backlog,

 
 
Maritime Contracts Navigation Offshore Oil Pipelines Pod Propulsion Port Authority Ship Electronics Ship Repair Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1133 sec (9 req/sec)