APL Co. Pte. Ltd. v. Blue Water Shipping U.S. Inc., No. 08-1516 - U.S. Second Circuit
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APL Co. Pte. Ltd. v. Blue Water Shipping U.S. Inc., No. 08-1516

In an action for breach of contract based on expenses related to cargo shipped as agreed but left uncollected by its owner at the dock, judgment for plaintiff with a reduced damages award against defendant is vacated in part where the trial court's obligation was to determine whether the mitigation efforts actually chosen in those unaccustomed shoes were reasonable, not whether hindsight suggested that an objectively better choice was available.

Read APL Co. Pte. Ltd. v. Blue Water Shipping U.S. Inc., No. 08-1516

Appellate Information

Argued: April 17, 2009

Decided: January 8, 2010

Judges

Opinion by Judge Vitaliano

Counsel

For Appellants:

James H. Hochenstein and Lissa D. Schaupp, Holland & Knight, LLP, New York, NY

For Appellee:

David K. Monroe, Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C., Washington, DC