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Cargo & Charterparties
Ente Nazionale per L'Energia Elettrica v. Baliwag Navigation, Inc.,
605 F.Supp. 355, 1984 A.M.C. 2858 (E.D.Va. 1984); and
Ente Nazionale per L'Energia Elettrica v. Rex Shipping Co. S.A.,
1983 A.M.C. 422 (E.D.Va. 1982).
Phil represented receiver of a cargo of coal which was discharged ashore
prematurely due to heating when the M/V KUNIANG abandoned her voyage following
a grounding at Miami. ENEL settled on favorable terms prior to trial and
successfully argued that the ship's contributory value in Genral Average
was her $10 Million sales price when she was sold eight months later to
a U.S. buyer for conversion to U.S. flag under the Wreck Act.
Ferromontan, Inc. v. Georgetown Steel Corp (Tug HERON), 535 F.
Supp. 1198, 1983 A.M.C. 1849 (D.S.C. 1982) aff'd 1986 A.M.C 1365, unpublished
opinion noted at 758 F.2d 646 (4th Cir. 1985).
Phil represented the shipper, carrier, and barge owner in defense of a
claim for $750,000 for total loss of a cargo of steel brought by the consignee.
The court found in favor of the defense on the grounds of Act of God for
a freak wave, and further fund that the consignee had contracted to insure
the cargo for the benefit of both parties.
Insurance Co. of North America v. Dart Containerline Co., Ltd.,
629 F.Supp. 781, 1987 A.M.C. 42 (E.D.Va. 1985).
Phil represented the ocean carrier in defense of a cargo claim by importer
of furniture parts damaged due to pin holes in the container roof. The
trial judge refused to apply the $500 per package limitation on the grounds
of deviation.
Jenkins v. M/V EVER GREET, 1990 A.M.C. 1868, 1990 WL 177642 (E.D.
Va. 1990).
Phil represented the ocean carrier in defnse of a cargo claim by the shipper
and reciever of a container load of English antiques found damaged when
opened for U.S. Customs inspection at the port of entry.
Forman Brothers, Inc. v. Evergreen Marine Corp. v. James A. Gibson,
Inc., Civil Actions Nos. 2:92cv458 & 715, Eastern District of
Virginia - Norfolk Division
Represented ocean carrier in defense of suit by cargo owner for freezing
damage to a cargo of bottled wine carried in container. Settled the principal
claim during bench trial on favorable terms, including recovery of container
demurrage, and proceeded with third party claim against reefer contractor
for contribution based on breach of warranty of workmanlike service. The
Court held the reefer contractor to be a stevedore, and apportioned fault
between carrier and stevedore, 75/25, resulting in a 25% recovery of the
cargo settlement.
Caterpillar Overseas, S.A. v. Farrell Lines, Inc. et. al., Civil
Action No. 87-327-N, Eastern District of Virginia - Norfolk Division
Defended Farrell Lines, Inc. against Caterpillar Overseas' claim for $105,000
for the constructive total loss of a tractor being transported overland
from Portsmouth Marine Terminal to Norfolk International Terminal. Tried
the case in January, 1988, before the Honorable Richard B. Kellam who
found in favor of the plaintiff; limited damages to only $69,894.22, the
replacement cost for the tractor; and limited Farrell's liability to $500,
the COGSA per package limitation as incorporated in the bill of lading.
Judge Kellam declined to extend the per package limit of liability to
Farrell's trucker under the Himalaya Clause in the bill of lading, holding
that it was not specific enough. On appeal, the Fourth Circuit rejected
plaintiff's deviation theory and affirmed on all other points. Caterpillar
Overseas, S.A. v. Marine Transport, Inc., 1988 A.M.C. 2894 (E.D. Va. 1988)
aff'd 900 F.2d 714, 1991 A.M.C. 75 (4th Cir. 1990).
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