Distribuidora Mari Jose, S.A. v. Transmaritime, Inc., No. 13-40147 (5th Cir. 2013)
Annotate this CaseThis case involved the disappearance of nearly 2,000 boxes of Christmas lights while in transit from China to Mexico. Mari Jose, a Mexican corporation engaged in the import and export business, filed suit against Transmaritime, a logistics company, for loss of its goods in transit under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. 14706. On appeal, Transmaritime challenged the district court's grant of summary judgment in favor of Mari Jose. The court concluded that the district court erred in granting summary judgment in favor of Mari Jose because Mari Jose failed to establish the first element of its prima facie case under the Carmack Amendment: delivery of the goods in good condition to the carrier. Accordingly, the court reversed and remanded for further proceedings.
The court issued a subsequent related opinion or order on January 20, 2014.
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