DSV Air & Sea Inc. v. MSC Mediterranean Shipping Company S.A.

Background

DSV Air & Sea Inc. sued MSC Mediterranean Shipping Company S.A. over alleged damage to cargo during international ocean transportation from Norfolk, Virginia, to Jebel Ali, United Arab Emirates, in April 2024. DSV alleges that MSC did not maintain the requested temperature setting, resulting in cargo damage.

The opinion states that MSC relies on the sea waybills and the Carriage of Goods by Sea Act, a federal statute governing certain ocean shipments. MSC argues that its liability is limited to $500 per package and that the relevant packages are the pallets rather than the cartons. The opinion identifies this as the central issue in the case.

Request for a Stay

The parties jointly requested a 90-day stay, meaning a temporary pause in the case, while the United States Court of Appeals for the Second Circuit considers a similar issue in another appeal. The appeal concerns whether pallets or cartons constitute the applicable package for calculating liability under the statute. The parties stated that a decision in that appeal could resolve the central issue in this case and help them reach a resolution.

Ruling

Judge John P. Cronan granted the parties’ request for a stay through January 30, 2026. The court ordered the parties to jointly file a letter by January 30 concerning the status of the Second Circuit appeal and whether continuing the stay remained appropriate. The court also directed the Clerk of Court to close Docket Number 15. The opinion does not decide the parties’ underlying dispute about cargo damage, the liability limit, or whether pallets or cartons are the relevant packages.