News

VICTORY IN INTERMODAL CARGO CASE UNDER FEDERAL MARITIME LAW AND COGSA

FH&M LLP is proud to recognize our partner Bill Pallas in connection with a  recent decision of the United States District Court, for the Southern District of New York granting summary judgment in favor of our client, an ocean carrier, in a maritime/intermodal cargo case.  The Court’s opinion examines numerous topics of interest for our shipping industry clients,  in particular the application of Federal Maritime Law and COGSA in favor of state law so as to allow for enforcement of the ocean carrier’s bill of lading terms and conditions, including the time bar provision.  Prior decisions in the same case also touched on issues involving removal of maritime/COGSA cargo cases to Federal Court and enforcement of the carrier’s forum selection clauses.  Congratulations to our client, Bill and all the attorneys who assisted on the case!

For a full copy of court’s opinion please click HERE.  For copies of any of the prior opinions in this case please feel free to contact Bill Pallas directly.

The  decision referenced above follows on the heels of another SDNY decision, in a case also handled by Bill Pallas of our Firm, wherein the Court upheld the COGSA package limitation defense on the part of our client ocean carrier, thereby limiting Plaintiff’s total damages to $500 for the constructive loss of a helicopter.  A copy of the court’s opinion in that case is available HERE.