Agfa-Gevaert, Inc. v. S/S "TFL ADAMS"

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

The above-captioned action is before this Court upon the cross-motions of the parties: plaintiff moves to strike defendants’ assertion of an affirmative defense purporting to limit their liability to $500 per package; defendants move to enforce the affirmative defense and limit their liability (admitting liability for the purposes of these motions only) to $500 per package, pursuant to 46 U.S.C. § 1304(5). For the reasons stated below, both motions are DENIED.

BACKGROUND

Plaintiff, Agfa-Gevaert, Inc. (“Agfa”), is a New Jersey corporation, and is…