Legal Opinion
APL Co. PTE Ltd. v. Blue Water Shipping U.S. Inc.
Court of Appeals for the Second Circuit
Decided January 8, 2010No. Docket 08-1516-cvPublishedCited by 20 opinions
1Opinion of the Court
ERIC N. VITALIANO, District Judge:
BACKGROUND
This case arises out of a maritime contract. At issue are expenses related to cargo shipped as agreed but left uncollected by its owner at the dock. More precisely, 29 refrigerated containers (“reefers”) of imported garlic were landed and ultimately left to rot in APL’s warehouse on a Los Angeles, California wharf. That Blue Water bore responsibility for the uncollected garlic is not controverted. All that is before us on this appeal is whether the district court properly found that APL had failed to reasonably mitigate the loss caused by Blue…
2Cases cited5 opinions
- Bi-Economy Market, Inc. v. Harleysville InsuranceNew York Court of Appeals · 2008
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Losei Realty Corp. v. City of New YorkNew York Court of Appeals · 1930
- Macwade v. KellyCourt of Appeals for the Second Circuit · 2006
- Ellerman Lines, Ltd. v. The Steamship President HardingCourt of Appeals for the Second Circuit · 1961
3Cited by20 opinions
- Bryant v. Media Right Productions, Inc.Court of Appeals for the Second Circuit · 2010
- United States v. BrennanCourt of Appeals for the Second Circuit · 2011
- Barclays Capital Inc. v. Theflyonthewall. ComDistrict Court, S.D. New York · 2010
- APL Co. PTE. Ltd. v. Blue Water Shipping U.S. Inc.District Court, S.D. New York · 2011
- Trust for the Certificate Holders of the Merrill Lynch Mortgage Pass-Through Certificates Series 1999-c1 ex rel. Orix Capital Markets, LLCDistrict Court, S.D. New York · 2010
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