Hoffman-Laroche Inc. v. M/V TEL Jefferson and others - U.S. District Ct. (S.D.N.Y.) (Carter D.J.) - 23 January 1990

Forum-selection clause - Whether C.O.G.S.A. applicable - Whether party to contract is carrier or freight forwarder

The plaintiff sought damages from Panalpina Ltd. and Panalpina A.G. (collectively “Panalpina”) for, inter alia , the loss of a shipment of pharmaceuticals during a voyage of the vessel TFL Jefferson from Bremerhaven to New York. Panalpina contracted with the plaintiff to ship the plaintiff’s cargo on the voyage in question but failed to pass on to the ocean carrier the plaintiff’s instructions requiring under deck stowage. The cargo was stowed on the weather deck of the vessel and was lost at sea during the voyage.