30) The Fourth Circuit, relying on the Eleventh Circuit's decision in Swift, held that, if the shipment originated in a foreign country under a single through bill of lading, it would not be subject to the Carmack Amendment's provisions.
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.
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.
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.
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.
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.
1999) (holding that the Harter Act only applies to a through bill of lading when the obligations that are violated are maritime); Standard Multiwall Bag Mfg.
Despite the district court's implication that a more intricate analysis for "proper delivery" be applied under a through bill of lading, it opted to apply the customary analysis, where the trucker was acting as