Legal Opinion
American Home Assurance Company v. American President Lines, Ltd.
Court of Appeals for the Ninth Circuit
Decided December 30, 1994No. 93-16941PublishedCited by 8 opinions
1Opinion of the Court
BRUNETTI, Circuit Judge:
American Home Assurance Company (American Home) prevailed in a bench trial against American President Lines (APL) on its claim that cargo carried by APL arrived at its destination freeze damaged. In APL’s appeal, we consider the amount of proof needed to negate a prima facie case under the Carriage of Goods by Sea Act, 46 U.S.C. § 1300 et seq., (COGSA), the requirements of proving a COGSA defense, and the evidence required to prove damages under COGSA.
I
APL is a common carrier by sea. In 1990 and 1991, APL delivered four shipments of fruit (cherries and grapes) from the…
2Cases cited21 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
- Campbell v. WoodCourt of Appeals for the Ninth Circuit · 1994
- Schnell v. the VallescuraSupreme Court of the United States · 1934
- W. Eugene Scott v. Edward L. Kuhlmann, Etc.Court of Appeals for the Ninth Circuit · 1984
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3Cited by8 opinions
- UNITED STATES of America, Plaintiff-Appellee, v. David BENSIMON, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1999
- State v. GreenArizona Supreme Court · 2001
- State v. ColfCourt of Appeals of South Carolina · 1998
- Fox & Associates, Inc. v. M/V Hanjin YokohamaDistrict Court, C.D. California · 1997
- Graff 226507 v. ShinnDistrict Court, D. Arizona · 2024
3 more not listed; retrieve them via the Exa API.