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Law
Offices of Countryman & McDaniel
THE CARGO LETTER [477]
Air & Ocean Logistics - Customs Broker News
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
Good U.S. Memorial Day from our Observation
Deck......overlooking the officially designated "
Here are the events of our industry for
May 2011.
To help you find what you need -- FAST -- there's now a transport search engine
installed at our www.CargoLaw.com website!
Contribute your knowledge, stories &
company information.......by e-mail to The Cargo Letter. We strive to bring you useful
information which is timely & topical. Be sure to visit our
website.......http://cargolaw.
Archive of The Cargo Letter ....... www.cargolaw.com/cl-archives.
Michael S. McDaniel,
Editor, Countryman & McDaniel, forwarder/broker, hull & machinery
attorneys at LAX.
INDEX to The Cargo Letter:
OUR "A" Section: Trade, Financial & Inland News***
1. Freight Forwarder Trade Briefs ______________
2.
3. Freight Forwarder World Air Briefs ____________
4. FF World Ocean Briefs _____________________
5.
**Back By Popular Demand**
OUR "D" Section: FF in Cyberspace***
6. The Cargo Letter "Cyber Ports of Call" _________
OUR "E" Section: The Forwarder/Broker World***
7. New
==============================
******************************
OUR "A" Section: Trade, Financial & Inland News***
1. Freight Forwarder Trade Briefs _____________
***Big Jump For
Transport Intermediaries .....
as in 2010, U.S.-based 3PLs experienced a 18.9%
year-over-year gross revenue increase from 2009, ending 2010 with US$127.3Bn in
revenue. According to Armstrong & Associates, which conducted the study,
the revenue numbers are slightly more than the total experienced in 2008. According to a company press release, "from 2009 to 2010, the
increase in 3PL net revenue was 4.7 times the rate of
www.3plogistics.com/shopsite/
***LETs Give Back ......
as UPS, TNT, Maersk and Agility have teamed up to
support the work of the United Nations' World Food Program (WFP) in Japan by
boosting warehousing, transport and logistics capacities to help the
authorities deliver relief supplies to areas hardest-hit by the devastating
earthquake and tsunami in March. This is part of an initiative involving the
four companies that have formed logistics emergency teams (LETs)
to provide support to humanitarian relief efforts in times of natural disasters
worldwide. The teams work with the UN Global Logistics Cluster that is
responsible for coordinating the logistical response of the entire humanitarian
community. The logistics cluster is led by WFP. In
***
***NAFTA Surges ....
as the value of North American Free Trade Agreement
(NAFTA) trade in Feb. carried by truck, rail and pipeline between the
***
***
www.uscib.org/index.asp?
***NICB Theft
Report ....... as the
National Insurance Crime Bureau (NICB) recently released its 2010 National
Cargo Theft report, which recognized that 747 cargo thefts occurred in the U.S.last year. Resulting in an annual loss of approximately
US$171M, these incidents can occur anytime freight is in transit, regardless of
shipment mode, the NICB said. The NICB identified
www.nicb.org/File%20Library/
***Fewer Industry Mega Deals ..... as
major merger and acquisition activity in the transportation and logistics
industry was flat in the first quarter, according to PwC's
quarterly analysis of the market, Intersections. There were 37 deals of greater
than US$50M in the quarter, compared with 36 in the same period of 2010. While
2011 1st quarter deal value declined to US$8.2Bn from US$17.3Bn from the 1st
quarter of 2010, primarily due to a lack of mega deals, 2011 is off to a
similar pace to the robust year of 2010 in number of deals, according to PwC.
www.pwc.com/us/
***
***
www.ceridianindex.com/about-
***
www.ahern-ltd.com
***Border Warning .....
as Teamsters President Jim Hoffa said the U.S. Dept.
of Transportation should not open the border to Mexican trucks because of
concerns about job loss, border security, highway safety and the legality of
the program. He said DOT's proposal to open the border "fails to
adequately protect our members, their families and the traveling public from
the potential danger of unsafe Mexican trucks and drivers, who do not meet or
will not adhere to all
***Fighting
For The Independent Trucker .....
as the American Trucking Associations (ATA) and the Port of Los Angeles will
again enter a court battle on June 10 over the legality of the port's clean
truck programme which bans independent owner
operators from the trade. The U.S. Court of Appeals for the 9th Circuit, will hear the case in its
***
***Uniting The States ..... as
this month is the anniversary of an event in 1869 at Promontory Summit, Utah
that symbolized the linking of
***Return
To Sender .....
as the U.S. Postal Service is putting new urgency on
its bid for financial relief from Congress, saying its operations will be hit
if the USPS runs out of cash this fall as predicted. The USPS has struggled
financially after losing huge volume to the greater use of e-mail and
e-commerce. The Postal Service has a US$15Bn line of credit with the U.S.
Treasury. However, only US$2.5Bn of that money remains. Meanwhile, FedEx &
UPS stocks are up.
***RFID
Ready Lane .....
as U.S. Customs & Border Protection has opened a
new
***2012
***Bad Guy
App For That ...... as police
say an iPhone left in a stolen truck is how officers
were able to capture a cargo burglar suspected of multiple auto break-ins.
Police said 29-year-old Joshua Mitzelfelt allegedly
stole a truck left unattended & running in a Colorado Springs driveway May
3 morning. The owner's iPhone was on the front seat.
The truck's owner began tracking his vehicle's location though a website
monitoring the phone's GPS application while updating sheriff dispatchers. Officers
spotted the truck about 7 miles (11 kms) from the
owner's residence and arrested the driver. Police were able to link items found
in the vehicle to other burglaries in the area. Mitzelfelt
has been charged with possession of a controlled substance, second degree
aggravated motor vehicle theft and first degree burglary.
***Biggest,
Boldest Baloney Bust .......
as it wasn't drugs or human trafficking but illegal bologna that caught the
attention of border agents at a
==============================
2.
**Agility. DOWN with Q1 profit of US$28M compared to
US$64M in the first quarter of 2010.
**Air France-KLM. UP with full-year pre-tax profit of EUR69
million (US$98.6M), a EUR500 million increase -- attributed to belly volume on
passenger & combi aircraft.
**Atlas Air Worldwide Holdings (Atlas & Polar). DOWN with a 222%
fall in first quarter net income to US$10.5M, drawn on revenues of US$297.6M,
which was up 0.88.
**CEVA Logistics. UP with a 36.5% increase in pre-tax profit
to US$102.14M year on year.
**DEUTSCHE Deutsche Post DHL. UP as first quarter net profit increased
27% to US$461.78M.
**Emirates Group. UP 68% with full year net profit increase
for a record US$1.6Bn.
**Expeditors Int'l of
Washington Inc UP with first quarter net profit of US$91M,
49% more than the US$61M in the same quarter of 2010.
**Fesco
Line. UP with a US$456M net profit in 2010 from a
year earlier net loss of US$233M.
**Hanjin
Shipping. DOWN with a US$28M first quarter operating
loss, despite revenue increasing 19% to US$1.6Bn.
**
**Kintetsu
World Express (
**Maersk Line. UP with 1st quarter operating profit of
US$467M.
**
**Panalpina. UP as gross profit rose 14%, adjusted for
currency valuations, the increase was 22% to US$40.6M.
**
**Wilh.
Wilhelmsen. UP with a US$22.3M net profit in 1st
quarter, up from US$8.8M last year, but the automobile & heavy shipment
specialist warned lower auto exports from
==============================
******************************
OUR "B" Section: FF World Air News***
3. Freight Forwarder World Air Briefs __________
***Boeing
Competition Charges Stick ..... as
the World Trade Organization's (WTO) Appellate Body has ruled that certain
subsidies, or launch aid, provided to Airbus by European governments violate
trade laws and endanger
***When
Giants Roamed The Skies ......
as air cargo alternative to fixed wing aircraft and revive an industry that
collapsed after the 1937 Hindenburg disaster. Using structural design
advancement, new materials and engine technology, developers say dirigibles
will carry large loads of freight at a fraction of the cost and require much
less fuel. The industry will first target northern
See the amazing SkyFreighter:
www.millenniumairship.com/
www.cargolaw.com/airships.
***DHL Express
Renews The Fleet ..... as it has announced that it is acquiring thirteen A300-600
passenger aircraft to be converted into freighters by EADS Elbe Flugzeugwerke in
***Airline
Fraud Decreases ...... as
survey findings released by CyberSource Corp. show
that while airlines are gaining in their war against fraud, much work remains
to be done. Airlines reported a loss of about US$1.4Bn to online payment fraud
in 2010.
www.cybersource.com/
***Airline
Cargo On Trial .....
as the New Zealand Commerce Commission opened its case
against several international airlines in connection with the Dec. 2008
price-fixing scandal at the High Court in
***
***Black
Boxes Tell Last Minutes of Flight 447 ..... as
investigators trying to determine why an Air France plane crashed mysteriously
2 years ago have now recovered the complete contents of the flight data
recorder and the last 2 hours of cockpit conversation, they announced May 16.
All 228 people aboard Air France Flt. 447 were killed when the Airbus A330
crashed into the ocean
***Cargoitalia Set Back ....
as weaker-than-expected demand has forced the cargo
carrier to suspend additional services from its
http://en.wikipedia.org/wiki/
***Piece of The Lux .....
as state-owned Qatar Airways has unveiled plans to
acquire a 33% stake in Cargolux, the
***New FedEx Asia Hub ..... as
it is building a new regional hub for handling expedited delivery packages at
***Gold
Heist Spurs Security ..... as
Gujarat State Export Corp. (GSEC), which manages operations for the customs
department at Ahmedabad airport's cargo facility, plans
to introduce biometric security checks for visitors & those working at the
complex, to double the number of security guards, and equip the campus with an
additional five CCTV cameras. The tightening of security comes in response to a
US$450,000 gold theft at the airport's air freight facility earlier this month,
reports the Times of India, which said the incident has shocked security
agencies after exposing weaknesses in the current level of security at the air
cargo facility. The report said a 10 kilo gold parcel went missing from a
consignment of 200 kilos of gold stored at the air cargo complex. MMTC Limited
had imported the gold parcels from
***Goodyear's
New Airships .....
as it has built and operated more than 300 airships –
including two large rigid airships the U.S.S. Macon and U.S.S. Akron. Now the new Zeppelin LZ N07 – 101
model airships will be built with Zeppelin and Goodyear airship teams at
Goodyear's Wingfoot Lake Airship Hangar near
www.goodyearblimp.com/cfmx/
***Volumes >>> International cargo volume jumped 10% to
43,975 tons in March at All
Nippon Airways. >>> Cathay Pacific Airways & sister airline Dragonair saw air freight volume drop 8.4% in
April to 139,944 tons of cargo during the month, while their air freight load
factor was down 11% to 68.3%. >>>
***The New,
Reconstituted "Pan American Airways" ...... as the cargo carrier
has managed to break into a state tax break scheme after airing its proposal to
create US$25M gateway for Latin American cargo from its headquarters in
Brownsville, Texas to link with Missouri's Lambert-St Louis Int'l Airport. The programme allows a company within the designated zone, an
economically distressed area of the state, to apply for tax breaks and refunds
on state sales on the back of capital investment and numbers of jobs generated.
PAA hubs in
http://en.wikipedia.org/wiki/
***Pan Am -- The New 2012 T.V. Series
www.youtube.com/watch?v=
***The Airplane In Dan Reeves's
Basement ..... as
lots of houses have a two-car garage, but Dan Reeves' had a one-airplane
basement. Until, that May 26 is, when the central
The Video:
http://video-embed.pennlive.
www.pennlive.com/midstate/
http://en.wikipedia.org/wiki/
***Pocket Zoo......
as authorities at Bangkok's int'l airport arrested a first-class passenger May
13 whose suitcases were filled with baby leopards, panthers, a bear and
monkeys. The animals had been drugged & were headed for
==============================
******************************
OUR "C" Section: FF World Ocean News***
4. FF World Ocean Briefs
***A Rather
Elegant Solution...... as on May 16, a U.S. Navy helicopter gunship shot
dead four Somali pirates caught firing on a German-owned super tanker, marking
a rising severity among naval forces towards pirates operating off Somalia and
the Indian Ocean. The 306,500-ton M/T Artemis Glory was bound for
***Now A Stinger
In Her Tail ..... as
the
Original Action
www.cargolaw.com/
***UN's Int'l
Maritime Organization Follows
www.marsecreview.com/sami/
***
***MOL Fines MOL
For NVOCC Abuses ..... as
the U.S. Federal Maritime Commission said May 19 it has reached a compromise
agreement under which Japanese liner company MOL has paid US$1.2M in civil
penalties. The FMC said the compromise agreement "resolved allegations
that MOL violated numerous provisions of the Shipping Act" including:
• Misdescription of commodities.
• Unlawful equipment substitution.
• Providing transportation services to and entering into service contracts with
unlicensed, untariffed and unbonded
ocean transportation intermediaries.
• Permitting use of service contracts by persons who were not parties to those
contracts.
• Providing transportation not in accordance with rates & charges set forth
in MOL's published tariffs.
The FMC alleged the practices persisted over a period of several years and
involved numerous service contracts. Peter J. King, director of the FMC's
Bureau of Enforcement, said his office became convinced MOL knew about some of
the abuses it uncovered by non-vessel-operating common carriers or shippers.
***Fighting For
Independent Truckers ......
as the National Retail Federation, the National Shippers Strategic
Transportation Council and the American Assn. of Exporters & Importers have
formed a coalition to oppose a California bill to rid the state of independent
truckers by making them employees liable to unionization and greater taxation.
"This bill reaches too far in eliminating a class of drivers and small
businesses that represent the dominant model for the drayage industry.
Elimination is a one-size-fits-all approach in a highly variable industry,"
said the shipper coalition statement. "To impose an employee driver
mandate on the companies who arrange for drayage services is simply not
consistent with reality of port activity and places
***The
Coming Can Shortfall ..... as
shippers should expect a container shortage to affect peak season this year,
according to a report released May 17, by the World Shipping Council. According
to the report, Container Supply Review, a dearth of container manufacturing
during the dark days of 2009 and early 2010 won't yet be overcome by increased
production levels this year, as demand for containerized goods gradually
improves. "The global cargo demand for 2011 is projected to be about
11% above the 2008 levels," the report said. "Container production
forecasts for 2011 at 3.5 million TEUs represent 26%
more than the 2008 production, which is a significant growth but not enough in
TEU terms to replace the container production lost in 2009 and 2010."
www.worldshipping.org/public-
***Raids
Mark New Carrier Investigation ..... as
on May 17 European Union regulators raided offices of container-shipping lines,
including Maersk Line, CMA CGM Group, and Hapag-Lloyd, as part of an investigation into possible
anti-competitive behavior.
***Libyan War
Risk ...... as Cosco Line has announced it would levy a US$200 per TEU war
risk surcharge on cargo to
***East Coast
Storm Warnings .....
as the
***Not All
Pirates Are In
***New Panam Ports ..... as
the government of
***Moving The
***Brazil Ports Reach Capacity ..... as
in 2010, its ports handled 833.9 Mt. of cargo, according to information
released by the National Waterways Transport Agency (Antaq).
This represents a 13.8% increase compared to 2009 and is almost double the
growth of GDP." This is the capacity limit of the ports and this year we
are going to have to live with queues and delays," said Antaq's director Tiago Pereira.
New investment is urgently needed, he added, but the government's General
Concession Plan, which will list the most important infrastructure projects in
the country, has yet to be "anything other than paper proposals."
***Lakers Fight Recession ..... as
the
***
***TCC Shuts ....... as The Containership Company
(TCC) has halted its "no frills" Great Dragon transpacific service
just a year after its launch amid mounting losses. Last month, TCC announced a
loss of US$7.4M on revenues of US$83.3M which, it said, had been "below
expectations". TCC said the company had decided to close its service
before losses worsened as freight rates were under pressure, oil prices were rising and some shippers were not meeting minimum volume
contract obligations.
www.containership-company.com/
***Horizon Lines Sells Off ..... as
it sold its Horizon Logistics business to Logistics Plus of Erie, Pa. Horizon
indicated in February that it planned to exit the business, and a spokesman
said the subsidiary had been unprofitable to Horizon. With about 250 employees
in 18 countries, Logistics Plus' portfolio of services include international
ocean transportation, air freight forwarding, intermodal
transportation management, distribution, warehousing and fulfillment, trucking
and expedited delivery. Despite the sale, troubled Horizon Lines has posted a
quarterly US$33.3M loss compounding last year's first quarter US$11.7M loss.
TCC sold its only containership, the 2,564-TEU M/V Taicang Dragon, built in 2008, to clients of US-based Seachange Maritime for US$32.2.
***Throughput >>> Alashankou, a Xinjiang
city bordering
***This Month In
1775 - Benedict Arnold captures British sloop and renames her USS Enterprise,
first of many famous ships with that name.
1801 - Four warships sent to
1815 - Commodore Stephen Decatur (Frigate Guerriere) sails with 10 ships to suppress
Mediterranean pirate raids on
1844 - USS Constitution sails from
1862 - CSS Virginia blown up by Confederates to prevent
capture.
1960 - USS Triton (SSRN 586) completes submerged
circumnavigation of world in 84 days following many of the routes taken by
Magellan and cruising 46,000 miles.
***When My
Gas Tanker Got CaughtJapan's Tsunami ....... report of Capt. Yadav
www.maritimeprofessional.com/
***A Kinder
- Gentler Capt. Kidd ..... as
any know the Scottish-born buccaneer who terrorized the
See the film:
www.museumoflondon.org.uk/
==============================
5.
**Back By Popular Demand**
We're sorry, but there were so many sinkings,
explosions, pirate attacks, fires, cargo mishaps, battles on the water &
other disasters at sea that we do not have room to print even the highlights
this month. Many people lost their lives at sea this month!!
But you can read all this month's disaster news at our special Internet web
feature which provides full details of each event -- our Vessel Casualties & Pirate
Activity Database. Bookmark the site and visit every day! Updated twice daily.
SPECIAL NOTE: Please view the dramatic new pictures at our special
"Gallery of Cargo Loss" website feature.
www.cargolaw.com/gallery.html
See our new feature for
May 2011: "Japan Tsunami: The Shore Ships of
www.cargolaw.com/
See our newest photo
feature "Singles Only" -
Transportation Disasters Told In A Single Photo!
www.cargolaw.com/
Daily Vessel Casualties ...... as we don't want you to miss
the excitement of our 24 hour reports of the dramatic events at sea each day --
stories of casualties & pirates --- almost none of which are carried on
your local news. Edited daily by Christoph
Wahner, Esq. of Countryman & McDaniel.
www.cargolaw.com/
NOTE: The
historic dangers of carriage by sea continue to be quite real. Shippers must be encouraged to purchase high quality marine cargo insurance from their freight forwarder or customs broker. It's dangerous out there.
==============================
******************************
OUR "D" Section: FF in Cyberspace***
6. The Cargo Letter "Cyber Ports Of Call"
Here are our suggested world wide web sites of the
week for your business, your information and your amusement..............
Cargo & Trade>>>>>>
History of The "AirTextainer"
www.logwin-logistics.com/news/
How to Avoid Moldy Pallets
http://mhlnews.com/news/avoid-
Transportation Security Administration Indirect Air Carrier Management System
(IACMS)
https://extranet.tsa.dhs.gov/
TSA: Transportation Worker Identification Credential
www.tsa.gov/what_we_do/layers/
U.S. Consumer Product Safety Commission Annual Report
www.cpsc.gov/cpscpub/pubs/
U.S. Customs Detention Without Physical Examination of Products from Japan Due
to Radionuclide Contamination
www.accessdata.fda.gov/cms_ia/
U.S. Customs Trade Symposium 2011 Presentations ....... free
www.cbp.gov/xp/cgov/trade/
U.S. Food and Drug Administration Lowers Criteria Used to Order Detention of
Food
www.gpo.gov/fdsys/pkg/FR-2011-
PRODUCTS>>>>>>>>>
Global Contract Logistics 2011
www.transportintelligence.com/
Roadside Inspections: A Driver's Guide, Second Edition
http://links.e.jjkeller.com/
EVENTS>>>>>>>>>
Transport Events
www.transportevents.com/
Trade Shows,
Exhibitions, Conferences & Business Events Worldwide
www.eventseye.com/
World Trade Organization
Events
www.wto.org/english/news_e/
4th European Shortsea Congress ......29-30
June 2011, Hamburg, Germany
www.navigateevents.com/events/
6th Annual Breakbulk Europe Transportation Conference & Exhibition ....17-19 May, 2011, Antwerp, Belgium
http://breakbulkevents.com/
8th Shiparrested Annual Conference .......2-4 June 2011, Athens
www.shiparrested.com/8th-
American Assn. of Exporters & Importers 90th Annual Conference & Expo ........ 5- 7June 2011,
www.aaei.org/Events/
Carga Expo .......
7 - 9 June 2011,
www.expo-carga.com/asistentes-
Cool Logistics 2011 .....26-28
Sept. 2011,
www.coollogisticsconference.
EAA AirVenture Oshkosh 2011..... 25 - 31 July,
www.airventure.org/
FIATA World Congress
2011 .......16 to
www.fiata2011.org/
JOC Container Shipping Conference .....21
& 22 June 2011, Shanghai
http://shanghai.joc.com/
TOC Americas 2011 .....15-17
Nov. 2011, El Panama Hotel, Panama City
www.tocevents-americas.com/
TOC Middle East 2011 .......
Sept. 27-29, Dubai World Trade Centre
www.tocevents-me.com/page.cfm/
Tour Boeing
www.industryweek.com/
Transport Security Expo
2011 ......13-14 Sept. 2011,
Olympia, London UK
www.transec.com/
"Wrecks of the World:
Evaluating and Addressing Potential Underwater Threats" (WOW) II" ....... 6 June 2011, Washington, DC
www.namepa.net/2011/
Free Webcasts>>>>>>>>>
U.S. Inland
Transportation - Rates & Trands .......
www.ubm-inform.com/t.do?id=
Apps For That - iPhones>>>>>>>>>
60 Minutes ....... the
series & specials
CountDowner ......
as new events approach
PrintCentral ..... print from you device
General Interest>>>>>>>>>
2011 BMW 5 Series commercial "REFUEL"
www.youtube.com/watch?v=KF2-
Achmed The Dead Terroris
www.youtube.com/watch?v=
Car Show Game - 1950s
www.americantorque.com/game2/
Cross Florida Barge Canal
www.maritimeprofessional.com/
Driving With A Disappearing Car Door
www.flixxy.com/high-tech-car-
Flight of STS-131 - Amazing
www.youtube.com/watch_popup?v=
Frigate 356 - Soviet Ghost Ship ......
that's not a painting
www.flickr.com/photos/
Glider Transfer - 2 Minutes, 49 Seconds
www.dailymail.co.uk/news/
Heavy Traffic At BOS
www.youtube.com/watch?v=3k-
Incredible Videos of Tu-154 With Control Stability Problems
www.flightglobal.com/articles/
Martin Short's Tribute Song To Osama Bin Laden
www.businessinsider.com/
NASA Flight Opportunities Program
https://c3.ndc.nasa.gov/
Pan Am -- The New 2012 T.V. Series
www.youtube.com/watch?v=
Whatever Happened To Those Old Westerns?
http://oldfortyfives.com/
When Full Thrust Isn't Enough – A Sobering Look at Delta Flight 191
www.aviationchatter.com/2011/
==============================
******************************
OUR "E" Section: The Forwarder/Broker World***
7. New U.S.
Transport Related Legal Cases _______
UPS Supply Chain
Solutions vs. Qanta Airways Ltd.
U.S. 9th Circuit Court of Appeals
Feb. 10 2011, Case No. 08-55281
On 11 May 2011, Qantas Airways,
Ltd. ("Qantas") filed a
Petition For Writ Of Certiorari with the U.S. Supreme Court in an effort to
overturn a historic decision of the United
States Court of Appeals for the 9th Circuit enhancing
the rights of air forwarders to seek indemnity against responsible air
carriers. Our legal team, representing UPS-SCS, stands by the Ninth Circuit
decision and is committed to see it stand.
Earlier this year, on
This matter arose from litigation brought against UPS-SCS by a subrogating
insurance underwriter in Nov. 2006, arising from damage to a turbine engine in
the course of its international transportation by air. The suit was timely
filed against UPS-SCS on the eve of the two year statute of limitation provided
by Article 25 of the Montreal Convention (1999).
UPS-SCS contended Qantas, as the custodial airline, was ultimately responsible
for the cargo damage incurred. However, prior case law developed primarily
under the predecessor Warsaw Convention (1929), precluded air forwarders from
seeking recourse against the responsible custodial airline beyond the
Convention's two year statute of limitation. Where – as in this case – the suit
against the air forwarder was brought at the last minute,
such case law in effect precluded the air forwarder from any remedy against the
responsible airline. Just as other airlines have successfully argued in the
past, Qantas advocated the progeny of
UPS-SCS and our firm's legal team undertook this litigation as an opportunity
to test our belief of new features in the Montreal Convention (including
Article 37 and Chapter 5) were specifically intended to reverse an injustice
which had existed for over 70 years. Our belief proved to be correct.
For the first time in the history of our int'l industry, there is true equality
of legal rights between airlines and air forwarders where the right to
indemnity is concerned.
This opinion reverses what has been millions of dollars in air forwarder losses
on account of prior judicial interpretations of the Montreal Convention. Those
previous interpretations reasoned the treaty to contain a "Statute of
Repose" working to deny indemnity rights after expiration of the two year
statute of limitations under Article 35 – even where plaintiffs' underlying cargo
action was timely filed. This injustice was unique to international carriage of
air, with no analogous injustice in the legal regimes governing carriage of
goods by sea or by surface transportation.
The Countryman & McDaniel law firm is proud of this accomplishment for our
industry.
==============================
Written from wire stories, the Associated Press, Reuters, Hong Kong Shipping
News Lloyds & other world sources.
******************************
Michael S. McDaniel, Esq. Editor (Countryman & McDaniel)
Christoph M. Wahner, Esq. (Countryman & McDaniel) Daily Vessel Casualties
Maria Payne (Countryman & McDaniel)
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
_The Cargo Letter_
(since 1978)
A world news service for Air/Ocean Freight Forwarders, NVOCC's,
Consolidators, Indirect Air Carriers, Surveyors, Intermodal
Shipper's Agents, Inland Carriers, Customs Brokers and Liability& Marine
Underwriters world-wide .............a free service to more than 8,000 industry
subscribers & readers on 6 continents.
Michael S. McDaniel,
Editor.
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To The Cargo Letter: CargoNews@aol.com
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_The
Cargo Letter_ is published by The Law Offices of Countryman & McDaniel: Legal, Business,
Marine Insurance and Claims representation of Air/Ocean Freight Forwarders, NVOCC's, Indirect Air Carriers, Shipper's Agents, Inland
Carriers and Customs Brokers......and Liability & Marine insurance
Underwriters since 1978 in the United States & world-wide via The Cargo Law Network. Member, Maritime Law Association of the
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