We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search

Refine your search

Content type

Tags

Author

14 results found

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 31 Aug 2016

Typical on deck stowage case poses some interesting questions

In Atwood Oceanics, Inc. v. MV PAC Altair, the Southern District of Alabama considered what happens when a carrier wants its cake, and to eat it too

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 25 Feb 2016

Shippers and Buyers Beware - American Courts Continue to Enforce Tokyo Forum Selection Clauses!

Two United States District Courts, one in Florida and another in Pennsylvania, recently ordered parties seeking to recover damages from NYK Line and

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 24 Feb 2016

Abandonment of cargo is no defense to ocean freight owed

In Mediterranean Shipping Co. v. Best Tire Recycling Inc., 2015 WL 6695817 (D. P.R., 2015). the District Court of Puerto Rico held that the shipper

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 24 Nov 2014

Exoneration clauses remain enforceable

In a recent insurance coverage action, Sompo Japan Insurance Company of America v. Norfolk Southern Railway Company, et al., the U.S. Court of

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 24 Nov 2014

Failure to read BL terms costs shipper's agent $232,984

Although ocean cargo is often booked by an agent of the Shipper, the booking note, freight invoices and bills of lading are written evidence of the

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 14 Aug 2014

Maritime intermodal carrier who subcontracts rail segment in USA is not subject to Carmack Amendment

When an ocean carrier issues a through or intermodal bill of lading, including land segments by rail in the USA, the overall carriage is still

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 14 Aug 2014

When neither the container nor the autos shipped in it qualify as COGSA “packages,” unit used to calculate freight will determine limitation

Although the $500 per "package" or per "customary freight unit" limitation that protects ocean carriers has been the law since passage of the U.S

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 14 Aug 2014

Even a carrier stealing cargo would not be an "Unreasonable Deviation" in the Second Circuit Court of Appeals

The Second Circuit Court of Appeals in New York has been steadfast in not extending the old maritime law doctrine of "Unreasonable Deviation."

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 23 Apr 2014

Forum selection clause in a bill of lading is very difficult to beat

It would seem reasonable that a U.S. shipowner would provide in its bill of lading that all shipments carried to and from the United States will be

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 23 Apr 2014

Hook to hook clause causes appeals court to reverse itself

In our FallWinter Issue 2013, we reported on a decision of the Fifth Circuit involving a stevedore that was hired by a shipper to receive and store

Previous page 1 2