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Associated Metals & Minerals Corp. v. M/V Arktis Sky
United States District Court for the Southern District of New York
1991 AMC 1499 (1991)
Associated Metals & Minerals Corp. (Associated Metals) (plaintiff) shipped steel from Spain to the United States on the M/V Arktis Sky (defendant). In the bill of lading, the parties agreed to apply a set of foreign maritime rules as the statutory framework that would apply over the shipment and any cargo liabilities that might arise. The cargo was in fact damaged on the voyage, and Associated Metals brought suit against the Arktis Sky in federal district court for the loss. The Arktis Sky asserted as one of its affirmative defenses that, if it was liable for the loss, its liability was limited to $500 per package under the Carriage of Goods by Sea Act (COGSA). Associated Metals moved to strike that affirmative defense on the ground that the bill of lading provided for the application of a different statutory scheme that included a higher liability level.
Rule of Law
Holding and Reasoning (Martin, J.)
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