Distribuidora Internacional Alimentos v. Amcar Forwarding, Inc.

2011 WL 902093 (2011)

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Distribuidora Internacional Alimentos v. Amcar Forwarding, Inc.

United States District Court for the Southern District of Florida
2011 WL 902093 (2011)

  • Written by Tanya Munson, JD

Facts

In 2009, Distribuidora Internacional Alimentos (Distribuidora) (plaintiff) hired Amcar Forwarding, Inc. (Amcar) (defendant) to load and transport merchandise from Miami, Florida, to Guatemala City, Guatemala. Pursuant to Distribuidora and Amcar’s agreement, Amcar issued a bill of lading that detailed the amount of merchandise in the shipment, loaded the merchandise into a container, and arranged for the merchandise’s transport to Guatemala. The face of the bill of lading contained the descriptive language of “Shipper’s Load and Count.” When the merchandise made it to Guatemala, it was seized by customs because the bill of lading contained inaccurate information about the quantity of the merchandise. The delivery of the merchandise was delayed for several months. Distribuidora filed suit against Amcar, alleging Amcar violated the Federal Bill of Lading Act. Amcar filed a motion to dismiss.

Rule of Law

Issue

Holding and Reasoning (Cooke, J.)

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