Legal Opinion

Starrag Starrag-Heckert Inc. v. Maersk, Inc., a New York Corporation Maersk Pacific Ltd., a California Corporation

Court of Appeals for the Ninth Circuit

Decided May 14, 2007No. 04-56771PublishedCited by 31 opinions

1Opinion of the Court

CALLAHAN, Circuit Judge.

INTRODUCTION

Starrag and Starrag-Heckert, Inc. (collectively “Starrag”) appeal from the district court’s order granting partial summary judgment and applying the $500 per package liability limitation under the Carriage of Goods by Sea Act (“COGSA”) to three machines shipped with Maersk, Inc. that were damaged while being transported across a container yard operated by Maersk Pacific Ltd., a terminal operator. Starrag argues that the package limitation cannot apply to damage that occurred after Maersk unloaded the machines from their ship, and that application of the…

2Cases cited20 opinions

  1. Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd.Supreme Court of the United States · 2004
  2. Henley v. Marine TransportionCourt of Appeals for the First Circuit · 1994
  3. Miller v. Safeco Title Insurance Co.Court of Appeals for the Ninth Circuit · 1985
  4. Encyclopaedia Britannica, Inc. v. Ss Hong Kong Producer, Her Engines, Etc., and Universal Marine CorporationCourt of Appeals for the Second Circuit · 1969
  5. Pan American World Airways, Inc., a Corporation v. California Stevedore and Ballast Company, a CorporationCourt of Appeals for the Ninth Circuit · 1977

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

3Cited by31 opinions

  1. OneBeacon Insurance v. Haas Industries, Inc.Court of Appeals for the Ninth Circuit · 2011
  2. JPMCC 2007-CIBC 19 East Greenway, LLC v. Bataa/Kierland LLC (In re Bataa/Kierland LLC)District Court, D. Arizona · 2013
  3. Federal Insurance Company v. Union Pacific Railroad CompanyCourt of Appeals for the Ninth Circuit · 2011
  4. Regal-Beloit Corp. v. Kawasaki Kisen Kaisha Ltd.Court of Appeals for the Ninth Circuit · 2009
  5. Greenpack of Puerto Rico, Inc. v. American President LinesCourt of Appeals for the First Circuit · 2012

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

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