Legal Opinion
SNC S.L.B. ex rel. Institute of London Underwriters v. M/V Newark Bay
Court of Appeals for the Second Circuit
Decided April 2, 1997No. 845, Docket 96-7826PublishedCited by 12 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
This is a “dropped yacht” case. It belongs to a subspecies of maritime case in which a shipper’s yacht is dropped while being unloaded from a vessel.1 In this case, the carrier asserts the $500-per-“paekage” limitation of liability provided for in the Carriage of Goods by Sea Act, 46 U.S.C.App. § 1300 et seq. (“COGSA”), incorporated into the contract of carriage by its terms. The shipper, in response, claims that the COGSA limitation of liability does not apply because the carrier’s conduct — its “unreasonable deviation” from the projected route — constitutes a…
2Cases cited17 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Yamaha Motor Corp., USA v. CalhounSupreme Court of the United States · 1996
- Encyclopaedia Britannica, Inc. v. Ss Hong Kong Producer, Her Engines, Etc., and Universal Marine CorporationCourt of Appeals for the Second Circuit · 1969
- Propeller Niagara v. CordesSupreme Court of the United States · 1859
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Repp v. WebberCourt of Appeals for the Second Circuit · 1997
- Sharon Taylor, as Mother and Natural Guardian of Justin Taylor, and Sharon Taylor, Individually v. United StatesCourt of Appeals for the Second Circuit · 1997
- Georgia Pacific Consumer Products, LP v. Von Drehle Corp.Court of Appeals for the Fourth Circuit · 2013
- Reyes-Gaona v. North Carolina Growers Ass'nCourt of Appeals for the Fourth Circuit · 2001
- Carlos Ayestas v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2016
7 more not listed; retrieve them via the Exa API.