Ocean Carrier Can’t Use Carmack Amendment

Monday, November 10, 2008

The US Court of Appeals for the Second Circuit ruled that the Carmack Amendment does not apply to ocean carriers that utilize an intermodal bill of lading.

In the instant case, plaintiff cargo owner contracted with defendant ocean carrier for the transport of cargo from Rotterdam to Colorado via the port of Houston. The cargo arrived in Houston. Plaintiff directed defendant to hold the cargo because the consignee had not yet tendered payment. Defendant negligently released the cargo to the consignee, which shortly thereafter declared bankruptcy. Plaintiff sued defendant ocean carrier for its loss. Defendant moved for partial summary judgment to limit its liability under the Carriage of Goods at Sea Act (COGSA), which had been incorporated into the bill of lading, not only for the ocean transit, but for the entire intermodal shipment. Plaintiff argued that defendant had not complied with the additional requirements of the Carmack Amendment.

The court held that the Carmack Amendment was not pertinent because it only applied to rail carriers. Rexroth Hydraudyne B.V. v. Ocean World Lines, Inc., No. 07-1207-cv (2nd Cir., November 6, 2008).

(Source: Holland & Knight)

Email AddThis Feed Button Share
Maritime Reporter January 2012 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Markey Wins Trademark Dispute

Markey Machinery has announced that it has prevailed in a dispute over its’ longtime trademark, Render/Recover, which was initiated by another winch manufacturer.

Technip Nets Petrobras Equipment Agreement

Technip was awarded a 5-year frame agreement contract from Petróleo Brasileiro S.A. (Petrobras) for the supply of around 1,400 kilometers of flexible pipes.

Marad Chief Counsel Departing?

Marad Spokesperson: "We do not comment on personnel moves."   The U.S. Maritime Administration this morning had no official comment on information

 
 
Maritime Contracts Maritime Standards Naval Architecture Offshore Oil Pipelines Pod Propulsion Port Authority Salvage Ship Repair Winch
mobi | rss feeds | archive | history | articles | privacy | contributors | top news | about us | copyright