Burr & Forman

06.27.2011   |   Articles / Publications

Tulane Maritime Law Journal: A Tale of Spoiled Garlic and the Second Circuit’s Flawed Approach to Damage Mitigation in Apl Co. Pte Ltd v. Blue Water Shipping U.S. Inc.

The article discusses the ruling of the U.S. Court of Appeals for the Second Circuit regarding the APL Co. PTE Ltd. v. Blue Water Shipping U.S. Inc. court case. It presents a case wherein APL filed a lawsuit against Blue Water for damages after Blue Water failed to retrieve the 29 refrigerated containers of garlic delivered by APL at the port in Los Angeles, California. It relays that the Second Circuit reversed the previous ruling of the U.S. District Court for the Southern District of New York which decided that APL was not entitled to the full amount of damages. It conveys that the Second Circuit held that reduction of damages was improper.”

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