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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46457 Judge Leisure THE SUBROGEE of the shipper in an admiralty action sued the common carriers that owned and operated a vessel for breach of contract and negligence arising out of defendants’ failure to deliver “2,880 cartons” of pharmaceuticals “packed on 40 pallets” in one shipping container. Defendants moved for partial summary judgment to limit their liability to $500 per package, arguing that the “packages” in this case are the 40 pallets, and therefore that their total liability cannot exceed $20,000. The court determined that the $500 per package limitation under the Carriage of Goods by Sea Act (COGSA) applies in this action, but added that a genuine issue of material fact remains as to what constitutes a “package.” The court did not adopt defendants’ position that the bill of lading unambiguously defines pallets as packages, finding that while the phrase “packed on” is noteworthy, it does not clearly indicate that the parties intended that the pallets would qualify as the COGSA packages.

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