United States Sixth Circuit

In an action brought by Ford and its cargo insurer against defendant-ocean carrier for damages arising from the loss of cargo during a transatlantic voyage, partial summary judgment for defendant and third-party defendants is reversed where the district court erroneously interpreted the bill of lading to apply Carriage of Goods by Sea Act (COGSA) instead of the Hague-Visby Rules, and additional briefing and fact-finding may be required before the liability limitation may be appropriately applied.

Appellate Information

• Decided 01/30/2008
• Published 01/30/2008

Judges

• Before: BOGGS, Chief Judge;  MERRITT and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James F. Sweeney, Nicoletti, Horing, Campise & Sweeny, New York, New York, for Appellants.  Thomas L. Tisdale, Tisdale & Lennon, Southport, Connecticut, Philip G. Meyer, Farmington Hills, Michigan, for Appellees.   ON BRIEF:  James F. Sweeney, Nicoletti, Horing, Campise & Sweeny, New York, New York, for Appellants.  Thomas L. Tisdale, Tisdale & Lennon, Southport, Connecticut, Philip G. Meyer, Farmington Hills, Michigan, for Appellees.