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21st July 2010. Issue 132 in the series
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Welcome to TT Talk Edition 132
Contents:
1. US COGSA and the Shipping Act trump Carmack
2. Conclusion
1. US COGSA and the Shipping Act trump Carmack
We are delighted to dedicate TT Talk Edition 132 to an article by Peter Clark (who is a Partner in the New York maritime law firm of Clark, Atcheson & Reisert) on the United States Supreme Court judgment (‘opinion’) in Kawasaki Kisen Kaisha Ltd v Regal Beloit Corp (21 June 2010) and the order in Sompo Japan Insurance Company of America v Norfolk Southern Railroad (28 June 2010). Peter Clark has been (and still is) involved in litigation on the conflict between US COGSA and Carmack in the District Court of the Southern District of New York and the US Court of Appeals for the Second Circuit. He shows that Regal Beloit relies heavily on Norfolk Southern Railway v Kirby (2004) and reminds us that NVOCCs and Ocean Carriers who issue bills of lading are regulated by the Federal Maritime Commission under the Shipping Act of 1984. For previous items on the conflict between US COGSA and Carmack, please see TT Talk Editions 114 (23 January 2009) and 117 (24 March 2009).
Peter Clark’s article is aimed at anyone involved in combined (‘through’) carriage of goods to (or from!) the United States.
Please click here to read the full article.
2. Conclusion
We hope that you will have found the above item interesting. If you would like to have further information about it, or have any comments you would like to make, please email the editor.
We look forward to hearing from you.
Peter Stockli
Editor
for the TT Club
TT Talk is a free electronic newsletter published as occasion demands, by the TT Club, 90 Fenchurch Street, London, EC3M 4ST, United Kingdom.
You can also read this newsletter and past issues on our website:
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The materials contained in TT Talk have been prepared for information purposes only, and are not a substitute for legal advice. Whilst every care has been taken to ensure the accuracy of the materials,
the editor, any contributor or the TT Club accept no responsibility for loss or damage which may arise from reliance on information contained in TT Talk.In the United States TT Club Mutual Insurance Ltd.
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