News & Analysis as of

Shipping Cargo

Don't Wreck Your Carmack Claim: Requirements for the Written Notice of Claim

Carmack claims are unique animals. Carmack provides a shipper—or its subrogating insurance company—with the sole remedy for damages sustained when goods are shipped between states. As the sole remedy, it’s imperative that a...more

The Age-Old Question Revisited: When Is a Container Considered a Package Under COGSA?

by Holland & Knight LLP on

Just when we thought the question of “What Is a Package?” had been addressed ad nauseum, the United States District Court for the Southern District of New York took another look at the issue....more

Más de 20 Años Después, Continúa la Lucha Transfronteriza de Trasportes de Carga Bajo el TLCAN

by Holland & Knight LLP on

Los principales grupos de la industria de transportes de carga están presionando al Representante de Comercio de los Estados Unidos respecto del programa existente que permite que los camiones de carga mexicanos operen en...more

More than 20 Years Later, Cross-Border Trucking Fight under NAFTA Continues

by Holland & Knight LLP on

Major industry groups are lobbying the U.S. Trade Representative with respect to existing program that allows Mexican trucks to operate in the U.S under NAFTA. It is unclear what the cost to the U.S. would be if it were to...more

Mainbrace: October 2017 (No. 4)

by Blank Rome LLP on

Note from the Maritime Industry Team - Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington,...more

Current Port Conditions // Central U.S. GOMEX

by Burr & Forman on

Burr & Forman’s Mobile, Alabama office is located in the geographic center of the US Gulf of Mexico coastline (GOMEX). We service clients’ needs in the ports in this area, including – from west to east – Gulfport and...more

Beyond Care, Custody, and Control: Data Security Best Practices for the Transportation and Logistics Sector

by Benesch on

The receipt, storage, and handling of sensitive shipper data occurs, often frequently and in real-time, alongside the flow of goods. Commercial shippers are well aware of the supply chain security risk to the materials and...more

Customs and Border Protection Readies for Hurricane Irma

by Kelley Drye & Warren LLP on

On September 6th Customs and Border Protection (“CBP”) released a statement regarding cargo processing during the upcoming hurricane. In the wake of Hurricane Harvey, diversion of cargo to open ports was a key factor in...more

Arbitrator’s Power to Order Sale of Cargo – When is Cargo the Subject of Arbitral Proceedings?

by Reed Smith on

Earlier this month the Commercial Court handed down an interesting judgment which considered the question of when a cargo is the “subject of the [arbitral] proceedings”, so as to give rise to a power to order the sale of the...more

Fifth Circuit Addresses A Complicated Cargo Dispute, Resulting In A Victory For Vessel-Operating Common Carriers

by Liskow & Lewis on

In GIC Services, L.L.C. v. Freightplus USA, Inc., No. 15-3097 (5th Cir. Aug. 8, 2017), the United States Fifth Circuit Court of Appeals held that an ocean carrier stiffed by an intermediary in a freight transaction may...more

Shippers, Freight Forwarders, NVOCCs and Carriers' Maritime Incident Warning Signs - Lessons Learned and Action Items for In-House...

by Holland & Knight LLP on

Despite the alleged softening of the maritime industry since 2008-09, the volume of waterborne trade continues to rise. The ebbs and flows of the industry mean changing partnerships and alliances, more complicated logistics...more

Shipped Goods Deemed “Received” Upon Physical Possession for Allowed Claims for Administrative Expenses in Bankruptcy

by Burr & Forman on

Signed, sealed, delivered, but am I yours? Apparently not, according to the United States Court of Appeals for the Third Circuit, at least in the context of allowed administrative expense claims under Section 503(b)(9) of the...more

Greek Shipowners Extend Voluntary Tax

Greek shipowners have agreed to extend a voluntary tax contribution to the Greek government, which I previously blogged about, for an additional year due to the fact that Greece is still struggling with its debt crisis....more

Shipowner Who Tried to Skirt Club Rules Runs Aground in Court

by Cozen O'Connor on

The U.S. District Court for the Southern District of New York recently issued a decision finding that a shipowner member was bound to a P&I Club’s board of directors’ decision to deny coverage for that member’s losses arising...more

Collecting Your Goods – Electronic Release System

by Reed Smith on

The Court of Appeal handed down a judgment this week in MSC Mediterranean Shipping Company SA v Glencore International AG [2017] EWCA Civ 365 relating to a dispute arising out of the Electronic Release System (“ERS”) in...more

Direct Brewery Sales Exempt from Franchise Laws

The Pa.L.C.B., in answering a multitude of questions, has given Pennsylvania’s brewing industry some clarity concerning the ability to deliver beer directly to consumers. It affirmed that, breweries in Pennsylvania are now...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Uber’s board is sticking with the devil it knows. And that means that CEO Travis Kalanick’s safe where he is, despite a few pretty awful months for the ride-hailing company and promises to change the company culture....more

History Doesn't Bode Well For New Commercial Cargo Preference Bill

by Holland & Knight LLP on

Rep. John Garamendi (D-Calif.), joined by Reps. John Duncan (R-Tenn.) and Duncan Hunter (R-Calif.), recently introduced H.R. 1240, the Energizing American Maritime Act, described as a bill "to require a certain percentage of...more

Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption

by K&L Gates LLP on

In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...more

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

by Holland & Knight LLP on

Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more

Carriers Advocate for Data-Driven Regulations

by Holland & Knight LLP on

Freight carriers of all modes ­– rail, truck, water, air and pipeline – are all in the business of moving cargo for compensation and thus share many similar goals. Furthermore, cargo is often moved in multiple modes in its...more

International Maritime Treaties Recognition and Trump: Protectionist or Progressive?

by Holland & Knight LLP on

Much has been theorized in the past two months concerning whether the Trump Administration will follow through on President-Elect Donald Trump's campaign pledge to "rip up" international trade deals such as the North American...more

Sailing with the Trump Transition: Cargo, Cabotage and Maritime Infrastructure in 2017

by Holland & Knight LLP on

Once he assumes office on Jan. 20, 2017, President-Elect Donald Trump will be responsible for managing a mix of cargo preference, ship documentation, cabotage, and related rules and laws dating back to the First Congress,...more

Arbitration Award In International Coal Shipping Dispute Upheld As Within Tribunal’s Authority

by Carlton Fields on

An arbitration tribunal awarded damages to Sino East after Kailuan International wrongfully terminated a coal shipping contract after the delivery was delayed. The two Hong Kong-based companies’ agreement for Sino East to...more

Culpability and Clause 8(d) of the Inter-Club Agreement – The Yangtze Xing Hua

by Reed Smith on

TRANSGRAIN SHIPPING (SINGAPORE) PTE LTD v YANGTZE NAVIGATION (HONG KONG) CO LTD [2016] EWHC 3132 This was an appeal from an LMAA arbitration award, considering the true construction of clause 8(d) of the Inter-Club...more

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