United States Third Circuit

The fair opportunity doctrine has no place in the application of the Carriage of Goods by Sea Act (COGSA). In a dispute involving goods damaged in transit, grant of partial summary judgment to defendants holding that COGSA limited their liability to plaintiff to $500 per package is affirmed where the district court correctly analyzed a choice of law question, and the fair opportunity doctrine is inconsistent with COGSA.

Appellate Information

• Argued 01/17/2006
• Decided 05/03/2006
• Published 05/03/2006

Judges

• BARRY, Circuit Judge., Before BARRY, AMBRO and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• George R. Zacharkow, (Argued), Mattioni Limited, Philadelphia, PA, for Appellant.


• For Appellees:
  
• A. Robert Degen, (Argued), Fox Rothschild, Philadelphia, PA, for Appellees Pacific & Atlantic Corp. and Delaro Shipping Company Limited., Patrick F. Lennon, (Argued), Tisdale & Lennon, Southport, CT, and Frank P. DeGiulio, Palmer, Biezup & Henderson, Camden, NJ, for Appellee Trans Sea Transport, etc.