United States Fifth Circuit

In a maritime action arising from cargo damage, the district court improperly concluded that the Carriage of Goods by Sea Act governs the quantum of damages owed where the Hague-Visby Rules, as enacted in Spain, should have been used since Spain is the country of shipment.

Appellate Information

• Decided 09/13/2004
• Published 09/13/2004

Judges

• CARL E. STEWART, Circuit Judge:, Before BENAVIDES, STEWART and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Machale A. Miller (argued), Miller & Williamson, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Jason P. Waguespack (argued), Michael John Wray, Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, for Defendant-Appellee.