Greenpack of Puerto Rico, Inc. v. American President Lines
684 F.3d 20
1st Cir.2012Background
- Greenpack sued APL for damages from delayed delivery of four crates of perishable food from Costa Rica to San Juan; district court dismissed as time-barred under COGSA's one-year statute of limitations.
- Cargo arrived in Puerto Rico between Oct 29 and Nov 18, 2009; the perishables were decommissioned by the Department of Agriculture.
- Greenpack filed suit in Puerto Rico Superior Court on Feb 3, 2011, later removed to the district court; APL moved to dismiss or for judgment on the pleadings.
- Greenpack argued Harter Act governs, not COGSA, because the loss occurred before loading; district court held COGSA applies if extended by the bills of lading.
- The Paramount Clause in the bills of lading extended COGSA (and the Hague Rules) to periods before loading and after discharge, creating a tolling mechanism relevant to the time-for-suit provision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Paramount Clause extend COGSA's time-for-suit to pre-loading periods? | Greenpack contends no extension to pre-loading periods. | APL argues the clause extends COGSA's provisions, including time limits, beyond tackles. | Yes; Paramount Clause extends COGSA beyond tackles, including the time-for-suit period. |
| Is the extension controlled by the clause’s language that incorporates COGSA and the Hague Rules? | Greenpack asserts only liability limits, not SOL, are extended. | APL reads Clause as broad extension of COGSA/Hague Rules. | Yes; language supports a general extension of COGSA beyond tackles. |
Key Cases Cited
- Norfolk S. Ry. Co. v. Kirby, 543 U.S. 14 (2004) (COGSA can be extended by contract to cover entire period of carrier's responsibility)
- Antilles Ins. Co. v. Transconex, Inc., 862 F.2d 391 (1st Cir. 1988) (COGSA coverage during international carriage periods)
- Ins. Co. of N. Am. v. P.R. Marine Mgmt., Inc., 768 F.2d 470 (1st Cir. 1985) (extension of COGSA beyond tackles recognized)
- Ralston Purina Co. v. Barge Juneau, 619 F.2d 374 (5th Cir. 1980) (notice-of-suit provisions may carve out exceptions to general incorporation)
- Kirby, 543 U.S. 14, 543 U.S. 14 (2004) (contractual interpretation to extend COGSA beyond tackles; intent of parties governs)