U.S. Court of Appeals for the Sixth Circuit, Dimond Rigging Company, LLC v. BDP International, Inc.; Logitrans International, LLC, Docket No. 18-3615, Boggs, Circuit Judge, recommended for full-text publication

Maritime LawMaritime ContractBill of LadingCarriage of Goods by Sea ActContract of CarriageCarrierShipperShip’s ManagerFreight ForwarderOTIHimalaya ClauseStatute of LimitationsEstoppelLicensing RequirementsFMC RegulationsNon-Vessel Operating Common Carrier (“NVOCC”)Lloyd’s ListHague-VisbyJ. Mar. L. & Com.(…) Dimond hired BDP to ship the Equipment. Dimond asserted that BDP did not disclose that it was not a licensed Ocean Transport Intermediary (“OTI”) by the Federal Maritime Commission.(…) Dimond asserted that BDP had “without Dimond’s knowledge, consent or approval” hired Logitrans to “perform some, or all of BDP’s freight forwarding duties including locating/booking or providing a ship; acting in the capacity as the NVOCC carrier for the shipment . . . and negotiating loading services . . . .” Dimond alleged that BDP misrepresented that Logitrans was a Non-Vessel Operating Common Carrier…

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