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· 12/3/1974

Iligan Integrated Steel Mills, Inc. v. Ss John Weyerhaeuser, Her Engines, Boilers, Etc., Defendants-Appellees-Appellants

Citations

  • 507 F.2d 68

How courts have described this case

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

  • stating that “shippers or, realistically, their insurers would demand a further inquiry into the degree of the carrier’s culpability, with enormous potential liability”
  • stating that ―shippers or, realistically, their insurers would demand a further inquiry into the degree of the carrier‘s culpability, with enormous potential liability‖
  • rejecting gross negligence as a basis for deviation because every violation of COGSA's substantive duties would then require a detailed factual inquiry to distinguish gross negligence from plain negligence
  • rejecting gross negligence as a basis for deviation because every violation of COGSA’s substantive duties would then require a detailed factual inquiry to distinguish gross negligence from plain negligence
  • “the concept of ‘quasi deviation’ in the United States has recognized only one instance, deck stowage of cargo which the carrier had agreed to carry below deck”
  • “wanton and willful misconduct” of carrier in tendering an unseaworthy ship does not constitute deviation; probing carrier’s level of culpability to determine possible deviation would create too much uncertainty

Source: CourtListener parenthetical corpus (CC0).

Judges: Friendly, Feinberg, Gurfein

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.