AKIYAMA CORP. OF AMERICA v. M.V. HANJIN MARSEILLES

No. 97-16905.

162 F.3d 571 (1998)

AKIYAMA CORPORATION OF AMERICA, a corporation; Vigilant Insurance Company, a corporation and a member of the Chubb Group of Insurance Companies, Plaintiffs-Appellants, v. M.V. HANJIN MARSEILLES, her engines, tackle, machinery, etc.; Hanjin Shipping Co. Ltd., a corporation; Total Terminals, Inc., a corporation; and Marine Terminals Corporation, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1998.


Attorney(s) appearing for the Case

Ernest N. Reddick, Marilyn Raia, Derby, Cook, Quinby & Tweedt LLP, San Francisco, California, for plaintiffs-appellants.

Gary A. Angel, San Francisco, California, for defendant-appellee.

Before: FLETCHER, and TASHIMA, Circuit Judges, and FITZGERALD, District Judge.


FITZGERALD, District Judge:

The Carriage of Goods by the Sea Act, 46 U.S.C.App. § 1300, et seq. (COGSA), governs the liabilities of parties to a bill of lading for the carriage of goods by the sea. COGSA strictly limits a carrier's liability, and provides: "Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the transportation of goods in an amount exceeding $500 per package." Id.<...

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