X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.