Below are news items posted to Forwarderlaw in May that may be of interest to our readers:

USSC Refuses to hear Rule B Attachment Case

In a decision that will come as a relief to readers and banks, the US Supreme Court has refused to hear the appeal of an October 2009 decision by the Court of Appeal that Electronic Fund Transfers (ETFs) passing through New York were not attachable under Rule B.
http://www.forwarderlaw.com/library/view.php?article_id=615

You be the Judge! - Laceys v Bowler

When is a customer bound by a forwarder's Standard Trading Conditions? Editor Emeritus Peter Jones reviews the Court of Appeal decision, and provides further commentary on the interplay between STCs and the CMR. Finally, he examines some key differences in interpretation and application of STCs under civil law and common law:
http://www.forwarderlaw.com/library/view.php?article_id=608

Loading, Stowing, and Discharge

From the perspective of both the practical claims man in a shipping office and a lawyer, some of the most intractable problems with the carriage of goods, surround the issues of loading, stowing and discharging the goods. UK Editor Paul Bugden addresses these common problem areas in the context of heavy lift moves:
http://www.forwarderlaw.com/library/view.php?article_id=611
http://www.forwarderlaw.com/library/view.php?article_id=614
http://www.forwarderlaw.com/library/view.php?article_id=616

Case Dismissed: Warsaw time bar protects Forwarder

In a ground-breaking judgment in favour of forwarders, Advocate Roy Gilad of Forwarderlaw's Israeli correspondent Grossman Zinger Gilad & Co. persuaded the Magistrate's Court of Tel Aviv to apply the shorter limitation period contained in the Warsaw Convention over the domestic law of general application in a delay claim involving their client forwarder. The case against the forwarder was dismissed:
http://www.forwarderlaw.com/library/view.php?article_id=613

Who is the Carrier's Agent for the purpose of extending COGSA protections?

The clear waters of the USSC's decision in Kirby have since been muddied many times at the district level. US Correspondent Steve Block reviews a recent decision of the U.S. District Court for the Southern District of Texas that considered whether stevedores - who were acting in multiple capacities - were agents of the carrier who could benefit from the Himalaya clause. For his full review click here:
http://www.forwarderlaw.com/library/view.php?article_id=612

Saving Ryan: Personal Injury Liability for Maritime Subcontractors

Maritime law is one of the world's most ancient, and as a result it retains many unique features. US Editor Steve Block discusses the Ryan Doctrine, one of these unusual features that creates extensive liability for personal injury to the maritime employees of subcontractors. Republished here from his monthly Legal Outlook column:
http://www.forwarderlaw.com/library/view.php?article_id=617

General

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