Luan Duy Nguyen, Individually and as Trustee for the Luan Duy Nguyen Revocable Management Trust and as Trustee for the Doan-Nghiem Thi Nguyen Revocable Management Trust v. Rufina Hemmasi, and David Hemmasi, as for the Estate of Majid Hemmasi, D/B/A DRFM Investment

How courts have described this case

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

• holding invalid a clause which gave carrier option to carry goods above deck, thus exempting it from COGSA, but did not disclose how the option would be exercised
• refusing to enforce a clause that shifted the burden of proof from the carrier to the shipper
• refusing to enforce a clause that shifted the burden of proof from the carrier to the shipper
• rejecting district court’s finding that plaintiff “was, from experience, familiar with [defendant’s] bill of lading” and that its agent “was, or should have been, because it dealt with [defendant], infers too much”
• unauthorized on deck stowage of goods renders $500 per package limitation inapplicable

Source: CourtListener parenthetical corpus (CC0).