Mediterranean Shipping Co (MSC) has decided to appeal a court decision in the US to fine it close to $1m in a long-running battle with an American furniture maker.
Splash reported yesterday on judge Erin Wirth’s decision to fine MSC $944,655 over an alleged failure to meet contractual obligations during container shipping’s boom years.
The judge issued a default decision against MSC after it failed to supply the correct documents in time to fight the lawsuit first launched 18 months ago by MCS Industries.
“MSC will appeal Judge Wirth’s 13 January 2023 interim decision, which did not address the merits of the case. MSC will continue to vigorously defend itself against MCS Industries’ baseless claims. The judge’s decision to award MCS Industries damages for losses it has never proved is in error and is not final,” a statement issued by MSC’s press office argued.
MSC argues that MCS Industries’ difficulties with its cargo bookings arose from errors and communication issues between MCS Industries and third-party intermediaries, and not from any wrongdoing by MSC.
“MCS Industries is seeking to hold MSC liable for not carrying cargo MCS never asked it to carry, and the decision to award it damages for harm it has never proved is in error,” the container line stated.
MCS Industries had also filed a suit against COSCO with the Chinese carrier quickly deciding to settle with the Pennsylvania firm in the autumn of 2021.
The Federal Maritime Commission in Washington DC is sorting through a host of similar cases brought by irate shippers against global liners in recent months.
