Royal Smit Transformers, et al vs. Onego Shipping & Chartering, B.V., et al.
Frank Barry obtained a dismissal of all claims against his client based upon immunity granted by Himalaya Clause in NVOCC's through bill of lading, extent of Himalaya Clause protections and through bill of lading.
The client avoided a costly trial through Motion for Summary Judgment being granted by trial court and affirmed on appeal.
Royal Smit Transformers, et al vs. Onego Shipping & Chartering, B.V., et al, U.S. Fifth Circuit Court of Appeals, No. 17-30543 (August 2, 2018)