Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Federal Marine Terminals, Inc. v. Worcester Peat Co., Inc.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. D. Brock Hornby, Chief U.S. District Judge]

This appeal arises from a payment dispute between Worcester Peat Company (Worcester Peat) and Federal Marine Terminals (FMT) over a stevedoring contract. FMT contracted to load peat for Worcester Peat onto a vessel for shipment to Europe. After the loading was completed, the parties disagreed about the contract’s provision regarding the calculation of FMT’s fee. FMT charged Worcester Peat for the volume of peat it handled through the port based on the number of truckloads Worcester Peat had delivered and the volume of peat in each truck. However, Worcester Peat based its payment on the quantity of peat calculated by reference to the box volume, or total cubic capacity, of the vessel, a sum significantly less than the amount of FMT’s invoice. The district court found that the contract unambiguously stated that FMT was to be paid by the volume of peat handled, and not by the box volume of the shipping vessel, and entered judgment against Worcester Peat for nearly $80,000. The court also rejected Worcester Peat’s counterclaim for peat it alleges was lost during the loading process.

On appeal, Worcester Peat challenges the district court’s determination that the contract was unambiguous and argues that the court also erred in not charging FMT for demurrage and for peat Worcester Peat claims was lost due to FMT’s negligence in the loading process. Finding no error in the district court’s rulings, we affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
DOCUMENT REVIEW STAFF ATTORNEY/LIMITED PROJECT

COLE SCHOTZ P.C.DOCUMENT REVIEW STAFF ATTORNEY/LIMITED PROJECT: Prominent mid-Atlantic law firm with multiple regional offices seeks a Docu...


Apply Now ›
Seattle, WA State and Local Tax Associate

Description: Fox Rothschild LLP has an opening in Seattle, WA for an associate to join our growing state and local taxation (SALT) team. Thi...


Apply Now ›
NO FAULT ATTORNEY

NY defense counsel seeking experienced no fault attorney responsible for cases from inception to resolution, including court and arb appeara...


Apply Now ›
Go to Lawjobs