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References in periodicals archive ?
(32) The plaintiff in that case argued that the Carmack Amendment, with its two-year statute of limitations, should apply to the inland portion of a shipment covered by a through bill of lading. (33) The Sixth Circuit relied upon the rule articulated in Swift that, absent a separate domestic bill of lading, the statute of limitations listed in a through bill of lading, not the statute of limitations in the Carmack Amendment, applied to the domestic segment of the shipment.
does not apply to [a] maritime contract covering a shipment pursuant to a single through bill of lading which governs the ocean voyage ...
The court determined that the Carmack Amendment governs the domestic portion of a foreign shipment, even when the entire shipment is pursuant to a through bill of lading, to the extent that the domestic portion is beyond the statutory scope of COGSA.
The Court found no "receiving" rail carrier, as the Court defined it, when a domestic rail carrier receives property for inland transportation pursuant to a through bill of lading. (48) The Court, therefore, ultimately concluded that the Carmack Amendment "does not apply if the property is received at an overseas location under a through bill that covers the transport into an inland location in the United States." (49)
(61) Reaching essentially the same outcome as the majority rule, however, the Court held that the provisions of the Carmack Amendment are, per se, inapplicable to the inland portion of a multimodal shipment pursuant to a through bill of lading. (62)
Inland rail carriers, and their attorneys, should note that rail transport, when it is part of an international, multimodal carriage pursuant to a through bill of lading, will be governed by COGSA and not the Carmack Amendment.
(89) In doing so, the Fifth Circuit, citing to Jagenberg and Palmolive, concluded that constructive "proper delivery" under the Harter Act and a through bill of lading occurred when the cargo was loaded onto the trucks of the inland transporter.
The Jagenberg court disregarded the requirement that the consignee be given notice, and concluded that "proper delivery" under a through bill of lading occurred when the cargo had been loaded onto the truck of the subcontracted inland transporter.
The cases relied upon by the noted case either impliedly conclude that notice need not be given to the consignee or his agent under a through bill of lading, or the courts, in citing to the only available authority, overlooked a fundamental requirement of "proper delivery." The precedent, in all the circuits defining the requirements of "proper delivery," coincide and require that notice of the arrival of the goods must be given to the consignee.
Haley, Who Done It and Who's Gonna Pay?--Rights of Shipper and Consignees Against Non-Ocean Carriers Performing Part of a Contract of Carriage Covered by a Through Bill of Lading, 1 J.
1989) (holding that a "through bill of lading governs the entire transportation of goods and applies to connecting carriers even though they are not parties to the contract").