Italia Di Navigazione SpA v. M/V Hermes (The Hermes I) - U.S. Ct. of Appeals (2nd Circuit) (Oakes and Meskill C.JJ. and Neaher D.J.) - 13 December 1983

Whether “doctrine of deviation” prevents COGSA time bar operating where systematic theft on board ship alleged

The plaintiffs instituted an action against the owners of the vessel Hermes I in respect of non delivery of goods. COGSA applied to the carriage and therefore the claim should have been instituted within one year. The plaintiffs acknowledged that the claims were filed late but argued that COGSA’s statute of limitation should not be applied where there were “good faith allegations of systematic theft on the part of the officers and crew of the carrier.” Plaintiffs urged that the “doctrine of deviation” should be applied to the present case.