Home Cases Paul M. Keane Joseph De May
The New York Federal Court ( 1875-1939 )
Cichanowicz Callan Keane & De May, LLP
Cases
Evergreen Line v. US Dynamics Recycling LLC, 18 Civ. 0313 (AKH) (S.D.N.Y. June 12, 2018) (Denying motion to dismiss for lack of subject matter jurisdiction and failure to state a claim)
(Representing Evergreen Line)
United Perfume Inc. v. Evergreen Marine Corp. (Taiwan) Ltd., 15 Civ. 9296 (PGG) (S.D.N.Y. Aug. 7, 2017) (Dismissing cargo claim as time barred under COGSA. NVO's shipper failed to extend suit time against VOCC. NVO did extend suit time against VOCC but had no standing to sue)
(Representing Evergreen Marine Corp. (Taiwan) Ltd.)
D.F. Young, Inc. v. NYK Line (North America) Inc., Docket No. 16-02 (F.M.C. A.L.J. Aug. 1, 2017) (Freight forwarder not entitled to compensation under carrier's forwarder compensation rule in general tariff for shipments moving under service contracts)
(Representing NYK Line (North America) Inc.)
Garanti Finansal Kiralama A.S. v. Aqua Marine and Trading Inc., 697 F. 3d 59 (2d Cir. 2012) (Vacating dismissal of action for declaratory judgment that plaintiff not bound to arbitrate defendant's claims for unpaid vessel supplies)
Mitsui Sumitomo Insurance Co., Ltd. v. Evergreen Marine Corp., 621 F. 3d 215 (2d Cir. 2010) (Carmack Amendment not applicable to U.S. rail carriage under ocean carrier's import through bill)
Royal & Sun Alliance Ins. v. Ocean World Lines, 612 F. 3d 138 (2d Cir. 2010) (Carmack Amendment not applicable to U.S. motor carriage under ocean carrier's import through bill)
Dia Nav. Co., Ltd. v. Pomeroy, 34 F. 3d 1255 (3d Cir. 1994) (INS's regulations placing on common carriers the burden of detaining stowaways who applied for asylum in the U.S. were legislative in nature, and thus subject to APA's notice and comment procedure)
Evergreen Marine Corp. v. Six Consignments, 4 F.3d 90 (1st Cir. 1993) (Carrier entitled to recover possession of misdelivered goods from receiver's secured lender)
Stolt Tank Containers v. Evergreen Marine Corp., 962 F.2d 276 (2d Cir. 1992) (Carrier may assert package limitation against cargo plaintiff not named in bill of lading)
California Shipping Line Inc. v. Yangming Marine Transport Corp., No. 88-15 (Federal Maritime Commission, Oct. 19, 1990)
Ope Shipping, Ltd. v. Allstate Ins. Co., 687 F.2d 639 (2d Cir. 1982) (Owners of three ships hijacked by Nicaraguan Sandinista rebels entitled to recover their value from war risk underwriters)
Allied Int'l Am. Eagle v. SS Yang Ming, 672 F.2d 1055 (2d Cir. 1982) (Pallets qualified as packages for purposes of package limitation)
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