We sued on behalf of an Icelandic ocean carrier for unpaid freight on 32 containers of frozen herring shipped from Boston to Estonia. After trial, the U.S. District Court easily found the Shipper listed on bills of lading liable.
Our trickier case was against the Merchant not listed on bills of lading but it too was liable under backside terms and conditions as well as its oral maritime contracts and prior course of dealing as Judge Lasker found the Merchant “uncooperative, evasive, non-responsive, and less than credible.”
The District Court also awarded our attorneys’ fees. The First Circuit affirmed, noting “counsel’s fee was well earned.”
EIMSKIP, The Iceland Steamship Co. v. Mayflower Int’l Ltd., 338 F.Supp.2d 191, 2004 AMC 1904 (D. Mass. 2004), aff’d sub nom EIMSKIP v. Atlantic Fish Market, Inc., 417 F.3d 72, 2005 AMC 1817 (1st Cir. 2005).
We defended a cargo damage case involving fourteen containers shipped from China to Massachusetts, on appointment by DeOrchis, Hillenbrand & O’Brien of Florida.
Judge Tauro dismissed all of plaintiffs’ claims on summary judgment based on the COGSA time-bar, Carmack Amendment exemptions, and various contract terms.
The opinion also nicely clarifies murky First Circuit distinctions between freight forwarders and NVOCCs. Talbots, Inc. v. CSX Transportation, Inc., — F.Supp.2d — (D.Mass. 2011).
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