MARITIME (FREIGHT DAMAGE) / In lawsuit for failure to deliver ocean freight containers shipped under bills of lading governed by the Carriage of Goods by Sea Act (COGSA) – held: (1) COGSA § 3(6) / 46 U.S.C. § 30701 3-day notice-of-claim requirement did not preclude recovery because COGSA claimant’s going forward with evidence of misdelivery raised factual issue which must be resolved by the trier of fact; (2) such claimant’s failure to bring action within COGSA 1-year statute of limitations required dismissal of all claims except for recoupment, and (3) claim for recoupment could proceed despite failure to bring case within one-year of either delivery or date when goods should have been delivered.

United Arab Shipping Co. v. Transworld Logistics Group, Inc., 2013 WL 845386 (N.J. Superior Court, Appellate Division, March 8, 2013). Free copy available here.

CONTRACT (FORUM SELECTION CLAUSE IN BILL OF LADING) / Where third party defendant rice supplier shipper moves for dismissal from case relating to damaged freight based on court’s lack of personal jurisdiction – held: (1) Motion denied because rice supplier shipper was bound by terms of forum selection clause in bill of lading; (2) rice supplier shipper bound by terms of bill of lading under circumstance of this case even though it did not itself sign bill of lading due to actions of it transportation intermediaries.

All of the parties before the court had agreed contractually to the court’s jurisdiction over their persons through a valid forum selection clause in the operative bill of lading. 

Mahmoud Shaban & Sons Co. v. Mediterranean Shipping Co., S.A., Slip copy, 2013 WL 316151 (U.S. District Court for the Southern District of New York, January 28, 2013). Free copy available here. Continue reading