Advertising Disclosure Email Disclosure

No admiralty jurisdiction over contract limited to land transportation, even when cargo being transported was shipped overseas pursuant to maritime “through” bill of lading.

April 1, 2017
Interpool, Inc. d/b/a Trac Intermodal v. Four Horsemen, Inc., et al., D.N.J., Civil Action No. 16-2490, Feb. 8, 2017

On February 8, 2017, the United States District Court for the District of New Jersey held that it did not have admiralty jurisdiction over a matter involving a contract to lease chassis to a carrier for the transportation of cargo from a railhead to a consignee pursuant to a maritime “through” bill of lading. The plaintiff was in the business of leasing marine equipment (chassis) for the movement of cargo. The defendants used the plaintiff’s chassis to transport ocean import cargo by land pursuant to a “through” bill of lading. The court looked to the nature and character of the contract as set forth by the United States Supreme Court in Norfolk S. Ry. Co. v. Kirby, 543 U.S. 14 (2004) and determined that the subject contract – one to use chassis for the movement of cargo exclusively on land (from railhead to consignee) – was not a maritime contract. Even though the containers placed on the chassis were shipped overseas pursuant to a maritime bill of lading calling for both land and sea transportation, the contract between the plaintiff and the defendants was limited to land transportation. As a result, the court held that it did not have admiralty jurisdiction over the matter.

 

Case Law Alerts, 2nd Quarter, April 2017

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

(856) 675-3606
cjdicicco@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."