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SENATOR LINIE GMBH & CO. KG v. SUNWAY LINE, INC.

Docket No. 01-7374.

291 F.3d 145 (2002)

SENATOR LINIE GMBH & CO. KG, a/k/a Senator Lines, Plaintiff-Appellant, v. SUNWAY LINE, INC. and Zen Continental Co., Inc., Defendants-Third-Party-Plaintiffs-Cross-Defendants-Appellees, China National Chemicals Import & Export Corporation, a/k/a Tianjin Chemicals Import & Export Corporation, Defendant-Third-Party-Defendant-Appellee, Itochu Specialty Chemicals Inc., Defendant-Cross-Claimant, Aceto Corporation, Defendant, Dinzhou Phosphoric Fertilizer Factory, Defendant-Cross-Defendant, Eastern Sunway Line, Inc., Defendant-Cross-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 17, 2002.

Attorney(s) appearing for the Case

Stephen H. Vengrow, Cichanowicz, Callan, Keane, Vengrow & Textor, LLP, New York, N.Y., for Plaintiff-Appellant.

Nicholas E. Pantelopoulos, Beidermann, Hoenig, Massamillo & Ruff, P.C., New York, N.Y. (Christopher Losquadro, on the brief), for Defendants-Appellees.

Before: SOTOMAYOR, KATZMANN, and B.D. PARKER, JR., Circuit Judges.

SOTOMAYOR, Circuit Judge.

This appeal poses the question of whether, under § 4(6) of the U.S. Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C.App. § 1304(6), a shipper may be held strictly liable for damages and expenses resulting directly or indirectly from shipments of inherently dangerous goods when neither the shipper nor the carrier had actual or constructive preshipment knowledge of the goods' dangerous nature...

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