Cargo Claims

August 30, 2010
You be the judge: Geofizika v MMB

August 9, 2010
Insuring Cargoes-A Practical Guide to the Law and Practice

June 18, 2010
Forwarder Recovers on Bankrupt's counterclaim!

November 4, 2009
Recovery of damages paid to third parties

September 15, 2009
Legal Issues Arising out of Claims for Delay

September 2, 2009
New Reference: Goods in Transit and Freight Forwarding

July 24, 2009
US Federal Court Rejects Cougar Ace Claims

June 1, 2009
Maintenance and cure: collectible under penalty of punitive damages (Jones Act notwithstanding)

May 1, 2009
Carmack governs ocean carrier’s liability: U.S. surface carriage liability law hits the high seas

April 23, 2009
Tasman Pioneer - Appeal - Error in Navigation Defence

April 1, 2009
By Land or By Sea . . . A Comparison of the Fundamentals of the Carmack and COGSA Liability Regimes

March 30, 2009
What are you letting yourself in for as shipper?

March 11, 2009
Commercial Names, Brands, and Court Evidence

March 4, 2009
Calculation of Damages Pt 3: Other Conventions

January 26, 2009
Calculation of Damages Pt 1: Hague-Visby Rules

January 12, 2009
Proving Cargo Damage: the Use and Misuse of Institutional Records

December 19, 2008
Price or Cost? Determining Loss on Goods in Transit

December 1, 2008
Comparative Fault: How U.S. maritime law carves out liability apportionments

November 18, 2008
Goods Lost or Damaged: Carriers Limitation under Hague-Visby

November 1, 2008
Son of the Sompo Japan Slip-Up: Second Circuit holds COGSA governs ocean carrier and NVOCC liability for inland loss.

October 27, 2008
The Cougar Ace

October 1, 2008
Offset: Carmack doesn’t preclude shippers from deducting lost cargo value from outstanding freight charges.

September 22, 2008
Danish Forwarder caught between road and sky

September 1, 2008
Exclusively economic damages are not recoverable in maritime tort, but they may be under state law.

August 1, 2008
Kirby’s wake? How the calm waters of ocean transportation intermediary and subcontractor liability suddenly became unpredictable

July 9, 2008
Declaring a Value for Cargo: two cases involving Courier Companies and their efforts to protect themselves against loss of valuable cargo

April 22, 2008
AHP v DHL et al

April 17, 2008
The law of election as applicable to claims handling procedures

April 14, 2008
Freeze!

April 9, 2008
Is Cargo Handling and Storage at Port Terminal Part of Subsequent Sea Carriage?

April 1, 2008
Can cargo owners who aren’t shippers of record sue carriers for lost/damaged freight?

March 31, 2008
Condensation Damage - Ship Sweat and Cargo Sweat

March 24, 2008
Carrier’s Liability for Containers: NDAL v Premium Tobacco

March 19, 2008
Ocean’s End?

March 12, 2008
The Hague Visby Rules Article IV.2 - Inherent Vice and Related Defences

February 27, 2008
Second Circuit enforces cargo waybill’s liability limitation clause

December 1, 2007
Peril of the Sea: when should carriers be responsible for bad weather?

November 14, 2007
Fundamental Breach and Interpretation of Contract Terms

October 26, 2007
Mexican Trucking Stateside: Unsafe and Bad for Business, or No Problemo?

September 24, 2007
Consequential Damages

September 20, 2007
Wilful misconduct and the CMR

June 15, 2007
The Problem With Daisy Chains: The Number of Intermediaries is Directly Proportional to Difficulty in Determining Liability

March 25, 2007
The U.S. Supreme Court simplifies dismissal of misplaced lawsuits.

February 22, 2007
Attorneys’ Fees: When can you get them back?

February 7, 2007
Error in Navigation - Watch Alarm Switched Off

February 6, 2007
Thai courts and cargo liability limits

January 22, 2007
Limitation of Liability: What’s a Package?

December 11, 2006
Limitation of Liability under Chinese Law and Practice

December 1, 2006
The Evolution of Intermodelism Personified: A Motor Carrier Takes on a Steamship Line at the FMC

November 15, 2006
Clauses Excluding Liability for Carrier Misdelivery

November 3, 2006
Carrier Antitrust Immunity Revisited: The Continent Abolishes it; is Uncle Sam Next?

July 28, 2006
Shipper Fails in Claim under CMR for Duties Payable on Loss of Goods

February 1, 2006
We Finally Have the Answer! Federal Law Does Not Require Cargo Insurance Coverage for Contract Motor Carriage

January 27, 2006
Appeal Court whacks courier company with large liability!

December 20, 2005
Liabilities for damages following inspection of containers at the direction of Customs

September 25, 2005
An incorporated bill of lading limits a carrier’s liability, but to how much?

June 30, 2005
The Perils of being an International Transport Conglomerate

May 1, 2005
Ocean Transportation Intermediary Liability: Baseless Finger Pointing Costs a Shipper Big Bucks

April 1, 2005
Salted Beef: Who Presides Over Ocean Shipping Disputes, When, and Why

March 22, 2005
Application of the Package Limitation - a Recent Australian case 

March 1, 2005
Liening on Subfreights: A Deadbeat Charterer Can Get Its Shippers into Trouble

January 1, 2005
Backtracking Through the Himalayas: The U.S. Supreme Court Rules Connecting Railroad's Liability is Limited by Ocean Bills of Lading

December 18, 2004
Burden of Proof - who must show that the circumstances of loss bring the claim within a limitation of liability?  The Claimant who seeks recovery or the defendant who relies on the  exception?

November 18, 2004
The Application of the Package Limitation to Goods the last of three cases).

November 13, 2004
The Application of the Package Limitation to Goods  (the second of three cases).

November 11, 2004
Application of the Package Limitation - First of Two Recent Australian case 

September 1, 2004
Commentary on airline claims handling practices by PK Liew

April 15, 2004
A case about Vodka - the approach under US LAW that customer of a forwarder/NVOCC is also in direct contractual relationship with the actual carrier engaged by the NVOCC

August 13, 2003
Conflict between US courts of Appeal on the relationship between a customer of a forwarder/NVOCC and a carrier who contracts with the NVOCC

May 25, 2003
"Remoteness of Damage - Even if a carrier is liable, it will not be responsible for unforeseeable loss - But a Forwarder may be in a different position!

March 6, 2003
George Wang explains Arbitration in China.

April 25, 2002
Claimant recovers only .00002% of claim. Court relies on a course of Dealing between Big Boys and enforces limitation clause.

June 1, 2001
Excerpts from the NCBFAA Submission to the Federal Maritime Commission on Alternative Dispute Resolution

July 17, 1999
Response to costs of litigation

Commentary on the SDR

Recovery of Special Damages from Carrier for Delay in Delivery Requires Proof of Actual Notice

There has to be a better way!