Legal Opinion
Akiyama Corp. of America v. M.V. Hanjin Marseilles
Court of Appeals for the Ninth Circuit
Decided December 16, 1998No. 97-16905PublishedCited by 3 opinions
1Opinion of the Court
FITZGERALD, District Judge:
The Carriage of Goods by the Sea Act, 46 U.S.C.App. § 1300, et seq. (COGSA), governs the liabilities of parties to a bill of lading for the carriage of goods by the sea. COG-SA strictly limits a carrier’s liability, and provides: “Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the transportation of goods in an amount exceeding $500 per package.” Id. § 1304(5). A bill of lading may contractually expand COGSA coverage to third parties with a “Himalaya Clause.”
Akiyama Corporation of America…
2Cases cited8 opinions
- Robert C. Herd & Co. v. Krawill MacHinery Corp.Supreme Court of the United States · 1959
- Covey v. Hollydale Mobilehome EstatesCourt of Appeals for the Ninth Circuit · 1997
- Travelers Indemnity Company v. The Vessel Sam Houston, and Waterman Steamship CorporationCourt of Appeals for the Ninth Circuit · 1994
- Taisho Marine & Fire Insurance Co., Ltd. v. The Vessel "Gladiolus"Court of Appeals for the Ninth Circuit · 1985
- Covey v. Hollydale Mobilehome EstatesCourt of Appeals for the Ninth Circuit · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd.Supreme Court of the United States · 2004
- Royal Insurance Co. of America v. Southwest MarineCourt of Appeals for the Ninth Circuit · 1999
- Akiyama Corporation Of America v. M.V. Hanjin MarseillesCourt of Appeals for the Ninth Circuit · 1998