United States Ninth Circuit

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Cleve Co. v. Hecny Transportation, Inc., 11-55823

Summary judgment for defendant in an admiralty action brought by plaintiff, a seller of computer parts, is affirmed, where: 1) misdelivery claims against defendant, a freight forwarder, were barred by a one-year limitations period set forth in bills of lading; 2) the guarantee, which established no express statute of limitations, was initially effective to place the plaintiff and defendant in direct contractual privity, but was modified when the bills of lading issued; and 3) the Himalaya clause operated to extend the benefit of the one-year statute of limitations in the bills of lading beyond the common carrier that issued the bills of lading to defendant, an agent of the common carrier.

Appellate Information

  • Decided 04/26/2013
  • Published 04/26/2013

Judges

  • GOODWIN

Court

  • United States Ninth Circuit

Counsel