FREIGHT LOSS / Held: (1) Named ship itself was liable in rem under pre-COGSA/pre-Harter maritime law for damage to freight here, and (2) named ship itself was liable as a “carrier” for damage to freight here as well. On this second point American courts differ – but same legal conclusion whether either (a) court applies bill of lading’s Clause Paramount that applies Hague-Visby Rules, or (b) court concludes that COGSA applies.

Man Ferrostaal, Inc. v. M/V Akili, 2012 WL 6050643 (U.S. Court of Appeals for the 2nd Circuit, December 6, 2012. Free copy available here.

Who is affected? Shippers and carriers of freight by ocean ship where the load is lost or damaged.   Continue reading

FREIGHT LOSS / Shipment of plasma from Baxter Healthcare in Kentucky to Vienna, Austria. Shipper/Baxter (through contractor) issued “sea waybill between Baxter and [ocean carrier] for shipment from Kentucky to Vienna, Austria. Freight destroyed in motor carrier accident en route to ocean port and ocean carrier in Port of Norfolk, Virginia for transit by sea. Held: COGSA, not Carmack, governed.

Royal & sun Alliance Insurance, PLC v. Service Transfer, Inc., 2012 WL 6028991 (U.S. District Court for the Southern District of New York, December 4, 2012. Free copy available here.

Who is affected? Shippers and carriers of freight by ocean ship where the load is lost or damaged during motor carrier leg to ocean port where bill of lading is a “through” one to foreign, trans-ocean destination. Continue reading

FREIGHT LOSS / Freight destroyed in motor carrier accident. Holding #1: Whether or not Carmack governed depended on the factual question of whether defendant was acting as a “carrier” or “broker” under 49 U.S.C. § 13102; Holding #2: If defendant acted as “broker”, then complaint claims for “negligent hiring” of carrier might apply to its selection of the motor carrier that had the accident.

Viasystems Technologies Corp. v. Landstar Ranger, Inc., 2012 WL 6020015(U.S. District Court for the Eastern District of Wisconsin, December 3, 2012. Free copy available here.

Who is affected? Shippers and carriers of freight by motor carrier where the load is lost or damaged.

Rulings in context of motion for summary judgment.