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ORIENT OVERSEAS CONTAINER LINE v. SEA-LAND SERVICE

No. 98 Civ. 1732(CSH).

122 F.Supp.2d 481 (2000)

ORIENT OVERSEAS CONTAINER LINE, (UK) LTD., Plaintiff, v. SEA-LAND SERVICE, INC., and M/V Sealand Quality, her engines, boilers, tackle, etc. in rem, Defendants.

United States District Court, S.D. New York.

November 28, 2000.

Attorney(s) appearing for the Case

Tisdale & Lennon, LLC, New York City, for Plaintiff, Patrick F. Lennon, of counsel.

De Orchis, Walker & Corsa, LLP., New York City, for Defendant Sea-Land Service, Inc., M.E. De Orchis, John A. Orzel, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

For decades American admiralty courts have struggled to define the deceptively simple noun "package" within the context of § 4(5) of the Carriage of Goods by Sea act, 46 U.S.C.App. § 1304(5) ("COGSA" or the "Act"), which limits an ocean carrier's liability for cargo damage or loss to "$500 per package ..., or in case of goods not shipped in packages, per customary freight unit," unless...

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