Yang Ming Marine Transport Corp. v. Okamoto Freighters Ltd.

OVERVIEW

In this appeal, we are asked to ascertain the rights and responsibilities of several entities in relation to four separate contracts for the transportation of ten shipping containers from California to Japan. The district court, after addressing eight motions for summary judgment, a motion for reconsideration, and a motion to amend the judgment, held that Yang Ming Marine Transport Corporation (“Yang Ming”) was entitled to summary judgment on its indemnity claim against Laufer Freight Systems, Inc. (“Laufer”) as a result of Laufer’s misdescription of the cargo. The district court also awarded summary judgment to American International Cargo, Inc. (“American”) with respect to Laufer’s claim for indemnity against American. Laufer timely appeals both adverse rulings. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and AFFIRM in part and REVERSE in part.

DISCUSSION

1. Background

G.E. International (U.S.A.), Inc. (“G.E.”), an agent for Philip Moms, Inc., hired Oceanbridge Shipping International, Inc. (“Oceanbridge”), a non-vessel-operating common carrier (“NVOCC”), to transport ten containers holding cigarettes from Long Beach, California to Tokyo, Japan. Oceanbridge…