Legal Opinion

Fishman & Tobin, Inc. v. Tropical Shipping & Construction Co.

Court of Appeals for the Eleventh Circuit

Decided January 31, 2001No. 99-4375PublishedCited by 32 opinions

1Opinion of the Court

WILSON, Circuit Judge:

Fishman & Tobin (“Fishman”) and Mac-Clenny Products (“MaeClenny”), two manufacturers that ship clothing from the Caribbean to the United States, appeal the amount of judgment awarded to them when a carrier lost their cargo at sea. In resolving their dispute, this Court for the fourth time enters the murky waters of the Carriage of Goods by Sea Act (COGSA), 46 U.S.C. § 1300 et seq. More specifically, we endeavor to provide clarity to the reoccurring issue of what constitutes a “package” under section 1304(5) of COGSA, since the term is not defined in the statute. After…

2Cases cited23 opinions

  1. Wallace v. JaffreeSupreme Court of the United States · 1985
  2. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
  3. Leather's Best, Inc., Plaintiff-Appellee-Cross v. S.S. Mormaclynx, Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1971
  4. Jaffree v. WallaceCourt of Appeals for the Eleventh Circuit · 1983
  5. Aluminios Pozuelo Ltd. v. S. S. Navigator, Her Engines, Boilers, Etc., and Cia Mar. Unidad S.A. And Marina Mercante Nicaraguense S.A.Court of Appeals for the Second Circuit · 1968

18 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Fireman's Fund Insurance v. Tropical Shipping & Construction Co.Court of Appeals for the Eleventh Circuit · 2001
  2. Martins v. Royal Caribbean Cruises Ltd.District Court, S.D. Florida · 2016
  3. Cincinnati Insurance v. AMSCO WindowsDistrict Court, D. Utah · 2013
  4. In re JonesUnited States Bankruptcy Court, W.D. Oklahoma · 2015
  5. Griffith v. Wal-Mart Stores East, L.P.District Court, N.D. Alabama · 2012

27 more not listed; retrieve them via the Exa API.

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