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Judge Says Terminal Not Liable for Sandy-Soaked Sweaters

June 12, 2015

New York Law Journal
By Mark Hamblett

Hurricane Sandy was a legal Act of God that leaves Lord & Taylor on the hook for nearly 2,000 water-soaked cardigan sweaters worth more than $200,000, a federal judge has ruled.

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Vincent DeOrchis, partner, and Kaspar Kielland, associate, at Montgomery McCracken Walker & Rhoads in New York represented Zim.

DeOrchis said in a statement that this is one of about 30 cargo cases filed after Sandy, but the first, he believed, to be tried a federal court.

“There were a lot of arguments that were made cargo underwriters as to why the Act of God defense should not apply,” he said. “Our lawyers think that the industry will be much relieved from seeing this decision.”

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