United States Ninth Circuit

In a dispute arising from circumstances in which three machines plaintiff shipped with defendant were damaged while being transported across a container yard, an order granting partial summary judgment and applying the $500 per package liability limitation under the Carriage of Goods by Sea Act (COGSA) is affirmed where: 1) defendant did not need to provide actual notice to plaintiff that its bill of lading contractually extended the terms of COGSA outside of the "tackle to tackle" period; 2) contractually extending the package limitation did not conflict with COGSA or the Harter Act; and 3) the district court properly interpreted the term "delivery" in a manner consistent with both maritime law and the terms of the short form non-negotiable sea waybill and a bill of lading.

Appellate Information

• Argued 10/16/2006
• Decided 05/14/2007
• Published 05/14/2007

Judges

• CALLAHAN, Circuit Judge., Before JOHN R. GIBSON,RAYMOND C. FISHER, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Iliaura Hands (argued), New Orleans, LA, Timothy R. Lord, Bernadette M. Chala, Costa Mesa, CA, for the appellants.


• For Appellees:
  
• Theodore H. Adkinson (argued), and John D. Giffin, Long Beach, CA, for the appellees.