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In an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit ruled that evidence that the seals on a container were intact is not, standing alone, a defense to a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 July 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

Keppel T & T Appoints Lim Chin Leong to its Board

Keppel Telecommunications & Transportation Ltd (Keppel T&T) has strengthened its Board with the appointment of Mr Lim Chin Leong as an independent, non-executive

Dool to Serve as Chair of SLSMC Board

The St. Lawrence Seaway Management Corporation (SLSMC) announced that Tim Dool has been named as Chair of the Board of Directors, effective September 1. Dool was

Bollore First Half Boosted by Transport, Advertising Unit

French industrial group Bollore said first-half operating income rose 11 percent to 314 million euro because of strength at its transport business and advertising agency Havas,

Legal

Skangass Granted Permission for LNG Terminal

The Swedish Government (Länsstyrelsen in Dalarnas Län) has granted Skangass permission to build and operate a new Terminal for LNG (Liquefied Natural Gas) within the harbour in Gävle, Sweden.

Iraq to Appeal US Court Decision on Kurdish Oil

The Iraqi oil ministry said on Thursday it would challenge a U.S. court decision that stopped U.S. Marshals from seizing some one million barrels of disputed Kurdish oil docked near Texas.

USCG Shares Safety Tips for Labor Day, Riverfest

Labor Day weekend marks the unofficial end of the boating season and is known as one of the busiest recreational boating weekends on the Ohio River. With approximately 2,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Naval Architecture Navigation Pod Propulsion Port Authority Salvage Ship Repair Ship Simulators
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: 0.1077 sec (9 req/sec)