In an action for breach of contract based on expenses related to cargo shipped as agreed but left uncollected by its owner at the dock, judgment for plaintiff with a reduced damages award against defendant is vacated in part where the trial court's obligation was to determine whether the mitigation efforts actually chosen in those unaccustomed shoes were reasonable, not whether hindsight suggested that an objectively better choice was available.
Read APL Co. Pte. Ltd. v. Blue Water Shipping U.S. Inc., No. 08-1516
Appellate Information
Argued: April 17, 2009
Decided: January 8, 2010
Judges
Opinion by Judge Vitaliano
Counsel
For Appellants:
James H. Hochenstein and Lissa D. Schaupp, Holland & Knight, LLP, New York, NY
For Appellee:
David K. Monroe, Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C., Washington, DC
