In maritime action by car maker against marine transport company for cargo damage, Sixth Circuit rules that, when court has to choose between applying U.S. Carriage of Goods by Sea Act (COGSA) or international Hague-Visby Rules because both foreign and U.S. ports are involved, it should do so intermodally rather than apply COGSA and Hague-Visby standards separately.

International Law Update | February 1, 2008 | Copyright

Ford Motor Company (Plaintiff) and Orient Overseas Container Line Ltd. (Defendant) had entered into a "Transportation Services Main Agreement" (TSM) in 2003, providing for carriage of transmission racks from Blanquefort, France, through Montreal, Canada, to various cities in the U.S. A storm at sea washed several containers with the transmission units overboard and damaged many others. Plaintiff and its cargo insurer, Royal Insurance Company of America (Royal) (jointly Plaintiffs) sued Defendant in a Michigan federal court for the damage that Ford's transmission racks ...

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