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Shao v. Link Cargo (Taiwan)

Shao v. Link Cargo (Taiwan)

United States Court of Appeals for the Fourth Circuit

October 28, 1992, Argued ; February 22, 1993, Decided

No. 92-1533

Opinion

 [*701] OPINION

NIEMEYER, Circuit Judge:

Ting-Hwa Shao contracted with Link Cargo (Taiwan) Ltd. and Abacus Transports and Forwarder, Ltd., in Taipei, Taiwan, to have his personal belongings shipped from Taiwan to Baltimore, Maryland. The goods were transported by ship to Long Beach, California, where a customs number was assigned to the shipment, and then forwarded, inadvertently, to a warehouse in Miami, Florida. On September 3, 1988, a fire destroyed the warehouse and Shao's goods. Over two years later Shao filed suit in the District of Maryland to recover the damages, alleging negligence and breach of  [**2]  contract. He named as defendants Link Cargo, Abacus Transports, and six other parties who were involved in the transportation and storage of his  [*702]  goods. Only three defendants were served, and after one was voluntarily dismissed for not having been involved, 1 only Sea Horse Container Lines, which the complaint alleges arranged for the loading of the goods onto a ship in Taiwan, and Western Overseas Corp., which acted as customs broker in Long Beach, remain as parties.

 [**3]  On the motion of the defendants who were served, the district court ruled that plaintiff's common law claims were preempted by the Carmack Amendment, 49 U.S.C. § 11707, and then barred by the statute of limitations contained in 49 U.S.C. § 11706(c)(1). The court dismissed the claims against the remaining defendants for lack of service, pursuant to Federal Rule of Civil Procedure 4(j) and Maryland Rule 103(8)(a).

On appeal Shao contends that the Carmack Amendment does not preempt state common law remedies for the negligent loss of shipped goods and in any event that the two-year statute of limitations applied by the court would not be applicable to a Carmack Amendment claim. He also contends that the court abused its discretion in dismissing the remaining defendants and that he should be allowed to "continue to search for and properly serve them."

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986 F.2d 700 *; 1993 U.S. App. LEXIS 2893 **; 24 Fed. R. Serv. 3d (Callaghan) 1481; 1993 AMC 1861

TING-HWA SHAO, Plaintiff-Appellant, v. LINK CARGO (TAIWAN) LIMITED; ABACUS TRANSPORTS AND FORWARDER, LIMITED; INHOUSE TRUCKING COMPANY; INTERNATIONAL WAREHOUSE DISTRIBUTION CORPORATION; MICC VENTURE, A Florida Joint Venture/General Partnership; SEA HORSE CONTAINER LINES; WESTERN OVERSEAS CORPORATION, Defendants-Appellees. and GROAT BROTHERS, INCORPORATED, Defendant.

Prior History:  [**1]  Appeal from the United States District Court for the District of Maryland, at Baltimore. Joseph H. Young, Senior District Judge. (CA-91-1534-Y)

Disposition: Affirmed in part, reversed in part, and remanded by published opinion.

CORE TERMS

Carmack Amendment, carrier, shipment, preempts, bill of lading, damaged, district court, Interstate, remedies, statute of limitations, Commerce, common law claim, Transports, regulation, domestic, common law, The Carmack Amendment, contends, shipper, common carrier, forwarder, warehouse, alleges, ship, interstate shipment, breach of contract, foreign country, customs, proviso

Torts, Transportation Torts, Motor Vehicles, General Overview, Transportation Law, Carrier Duties & Liabilities, Bills of Lading, Governments, Legislation, Statute of Limitations, Time Limitations, Rail Transportation, Carmack Amendment, Interstate Commerce, Federal Preemption, Business & Corporate Compliance, Transportation Law, US Interstate Commerce Commission, International Law, Authority to Regulate, International Trade Law, Federal Powers, Constitutional Law, Supremacy Clause, State & Territorial Governments, Legislatures, Federal Government, US Congress, Relations With Governments, Damages, Air & Space Transportation, Charters, Contracts Law, Sales of Goods, Breach, Excuse & Repudiation, Commercial Law (UCC), Standards of Performance & Liability, Procedural Matters, Preemption, Express Preemption, State Powers, Courts, Common Law, False Charges & Rebates, Overcharges & Undercharges, Rates & Tariffs, Freight Brokers & Forwarders, Civil Procedure, Appeals, Standards of Review, Abuse of Discretion, Pleadings, Service of Process, Time Limitations, Untimely Service, Methods of Service, Foreign Service, Dispute Resolution, Service of Process, International Commerce & Trade, Exports & Imports