Skip Navigation Links
News
Magazine
Events
Contact us

Ocean Carrier Can’t Use Carmack Amendment

Monday, November 10, 2008
Email AddThis Feed Button Share

The US Court of Appeals for the Second Circuit ruled that the Carmack Amendment does not apply to ocean carriers that utilize an intermodal bill of lading.

In the instant case, plaintiff cargo owner contracted with defendant ocean carrier for the transport of cargo from Rotterdam to Colorado via the port of Houston. The cargo arrived in Houston. Plaintiff directed defendant to hold the cargo because the consignee had not yet tendered payment. Defendant negligently released the cargo to the consignee, which shortly thereafter declared bankruptcy. Plaintiff sued defendant ocean carrier for its loss. Defendant moved for partial summary judgment to limit its liability under the Carriage of Goods at Sea Act (COGSA), which had been incorporated into the bill of lading, not only for the ocean transit, but for the entire intermodal shipment. Plaintiff argued that defendant had not complied with the additional requirements of the Carmack Amendment.

The court held that the Carmack Amendment was not pertinent because it only applied to rail carriers. Rexroth Hydraudyne B.V. v. Ocean World Lines, Inc., No. 07-1207-cv (2nd Cir., November 6, 2008).

(Source: Holland & Knight)

Maritime Reporter June 2009 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds


Legal

Electronic Navigation: Improved Training and Auditing Will Enhance Navigation Safety

Modern electronic navigation systems have the potential to improve vessel navigation safety and reduce accidents.  The potential of these new systems is unlikely to be realized,

Irving Shipyard Asks for High Court Ruling

According to a June 23 report from the Canadian Press, Irving Shipbuilding, the company that lost a multibillion-dollar submarine maintenance contract, is asking

Valdez Oil Tanker Tax Ruled Unconstitutional

According to a June 15 report on ktuu.com, the U.S. Supreme Court has struck down a tax the city of Valdez has been collecting from oil tankers. A Conoco Phillips subsidiary,

mobi | rss feeds | archive