Daval Steel Products v. M/V ACADIA FOREST
District Court, S.D. New York
1Opinion of the Court
OPINION AND ORDER
MUKASEY, District Judge.
Plaintiff sued for damage to its shipment of steel products that allegedly occurred during a voyage on defendants’ vessel, M/V Acadia Forest, from Antwerp, Belgium to New Orleans. Defendants interposed defenses based on the $500 per package liability limitation contained in one clause of the bill of lading, as authorized by the Carriage of Goods by Sea Act (“COGSA”), specifically 46 U.S.C.App. § 1304(5) 1 . Now before the Court are plaintiffs motion to strike those defenses, and defendants’ cross-motion for summary judgment applying the limitation,…
2Cases cited3 opinions
- Navieros Oceanikos, S.A. v. S.T. Mobil TraderCourt of Appeals for the Second Circuit · 1977
- Ciprari v. Servicos Aereos Cruzeiro Do SulDistrict Court, S.D. New York · 1965
- Watermill Export, Inc. v. MV "Ponce"District Court, S.D. New York · 1981
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- William H. McGee & Co. v. M/V Ming PlentyDistrict Court, S.D. New York · 1995
- J.C.B. Sales Ltd. v. Wallenius LinesCourt of Appeals for the Second Circuit · 1997
- Nippon Fire & Marine Insurance v. M.V. TourcoingDistrict Court, S.D. New York · 1997
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