Underwood Cotton Company, Inc. v. Hyundai Merchant Marine (America), Inc. Hyundai Merchant Marine Co., Ltd.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge FERNANDEZ; Concurrence by Judge REED.
FERNANDEZ, Circuit Judge.
Underwood Cotton Company, Inc., brought this action against Hyundai Merchant Marine (America), Inc., and Hyundai Merchant Marine Co., Ltd. (collectively Hyundai). The district court granted Hyundai judgment on the pleadings1 on the basis that the Carriage of Goods by Sea Act (COGSA)2 applied and its provisions barred Underwood’s action based upon the Federal Bill of Lading Act (Pom-erene Act)3 because this action was not commenced “within one year after delivery of the goods or the date when the goods should have…
2Cases cited23 opinions
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Vimar Seguros Y Reaseguros, S. A. v. M/V Sky ReeferSupreme Court of the United States · 1995
- Crawford v. LungrenCourt of Appeals for the Ninth Circuit · 1996
- William Danzer & Co. v. Gulf & Ship Island RailroadSupreme Court of the United States · 1925
- Ellis v. City of San DiegoCourt of Appeals for the Ninth Circuit · 1999
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3Cited by31 opinions
- Roderick Courtney Mann v. American AirlinesCourt of Appeals for the Ninth Circuit · 2003
- McDonald v. Sun Oil Co.Court of Appeals for the Ninth Circuit · 2008
- Clare Milne, by and Through Michael Joseph Coyne, Her Receiver v. Stephen Slesinger, Inc.Court of Appeals for the Ninth Circuit · 2005
- Rosenfield v. HSBC Bank, USACourt of Appeals for the Tenth Circuit · 2012
- DeNoce v. Neff (In Re Neff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
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