Mitsui Marine & Fire Ins. Co. v. Hanjin Shipping Co. Ltd.

Phipps, Judge.

These appeals arise from a maritime suit to recover damages to cargo that occurred during the inland leg of its transportation from Japan to Alabama. The questions presented are whether the damages are capped by a $500 per package liability limitation contained in the Carriage of Goods by Sea Act (“COGSA”) and, if so, what constitutes a “package” under that act. Relying on the United States Supreme Court’s 2004 decision in Norfolk Southern R. Co. v. James N. Kirby, Pty Ltd., 2 the trial court found that the liability limitation did apply, and it held that pallets packed within…