Asahi America, Inc. v. the M/V Arild Maersk

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

In these days of containerized shipments moving from port-to-port and thence overland, the question of the applicability of the limitation of liability provided for in the Carriage of Goods by Sea Act (“COGSA”) to the overland portion of the trip is one which has to fascinate all who are involved in admiralty law. But this case will not provide the resolution to the deep and difficult policy questions involved therein.

The facts, as agreed to among the parties, are as follows. Plaintiff Asahi America, Inc. (“Asahi”) purchased a shipment of…