The Mouse That Roared: A Look Back at TCW v. Evergreen
By EsqSocial Corporation 16/04/25
The Federal Maritime Commission (the “FMC” or the “Commission”) recently issued its highly anticipated decision on remand in TCW, Inc. v. Evergreen Shipping Agency (America) Corp. et al. (the “Order on Remand”),[1] a contentious small claims case that tested the reasonableness of an ocean common carrier’s detention practices with respect to empty container returns against the FMC’s “incentive principle.” As one of the first adjudicated proceedings involving the principle, TCW attracted...
By: Vedder Price