EIMSKIP v. Atlantic Fish Market, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the “‘merchant’ definition in the bill of lading— although it probably embraces [the buyer-plaintiff]—arguably is not binding on someone who was not (in some fashion) a party to the bill of lading or otherwise accepted [its] obligation [s]”
• “Yet Louisville & Nashville R.R. Co. itself, as well as circuit courts in subsequent cases, have held that this pattern and presumption can be overcome by statute, by contractual provisions, or by the parties’ course of conduct.”
• “Yet Louisville & Nashville R.R. Co. itself, as well as circuit courts in subsequent cases, have held that this pattern and presumption can be overcome by statute, by contractual provisions, or by the parties’ course of conduct.”

Source: CourtListener parenthetical corpus (CC0).