Adenariwo v. FMC

Petitioner, owner and principal of MacBride Nigeria, seeks review of two of the Commissioner's decisions relating to the loss of concrete masonry equipment shipped from the United States to Nigeria in two separate shipping containers. BDP and Zim organized and carried out the transportation of the equipment. Petitioner alleged two identical complaints against Zim and BDP, contending that they engaged in unreasonable practices when handling the equipment, in violation of Section 10(d)(1) of the Shipping Act of 1984, 46 U.S.C. 41102(c). The court dismissed the portions of the petition relating to the first container because the petition for review of the Commission’s decision was untimely under the Hobbs Act, 28 U.S.C. 2342(3)(B), 2344. The court vacated the decision relating to the second container because the Commission improperly reduced petitioner's award for the loss of equipment. The court remanded for an award of the full amount supported by the record without mitigation and permitted under 46 C.F.R. 502.301(b). View "Adenariwo v. FMC" on Justia Law