Ferrostaal, Inc. v. The Sea Phoenix

447 F.3d 212, 2006 AMC 1217 (2006)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
F
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Ferrostaal, Inc. v. The Sea Phoenix

United States Court of Appeals for the Third Circuit
447 F.3d 212, 2006 AMC 1217 (2006)

CS

Facts

Delaro Shipping Company (Delaro) owned the cargo ship Sea Phoenix (defendants). Delaro chartered the Sea Phoenix to Trans Sea Transport (TST) (defendant). TST entered into an agreement with a shipper, Tunisacier International, for the Sea Phoenix to be loaded with galvanized steel to be shipped to Philadelphia and consigned to Ferrostaal, Inc. (plaintiff) under a bill of lading. The steel was damaged by seawater during the voyage. Ferrostaal sued the Sea Phoenix, Delaro, and TST for the damages. Delaro and TST moved for partial summary judgment, claiming that under the Carriage of Goods by Sea Act (COGSA) their liability was limited to $500 per package. Ferrostaal argued that the $500 limit was unenforceable under a fair-opportunity doctrine because neither Delaro nor TST had provided Ferrostaal with notice of the $500-per-package limit or given Ferrostaal an opportunity to declare a higher value. The district court granted partial summary judgment, holding that COGSA applied and did limit Delaro and TST’s liability. Ferrostaal appealed.

Rule of Law

Issue

Holding and Reasoning (Barry, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 806,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 806,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 806,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Admiralty

Key Terms