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)

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter June 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Milton to Replace Retiring Kelly, President, ExxonMobil

Alan Kelly, president of ExxonMobil Fuels, Lubricants & Specialties Marketing Company, has announced his intention to retire effective Aug. 1, 2016, after more than 34 years of service.

UASC Fully Compliant VGM Lift Now

United Arab Shipping Company (UASC) announced today the conclusion of a 100% compliant Verified Gross Mass (VGM) lift of 159 UASC containers on board CSCL’s Saturn.

Netherlands Opts for ‘Flexible’ Container Weighing

As of July 1, shippers and freight forwarders are required to verify the weight of a container before the container is loaded onto a ship.   The Netherlands’

 
 
Maritime Contracts Naval Architecture Navigation Port Authority Salvage Ship Electronics Ship Repair Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | 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: 0.0670 sec (15 req/sec)