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2025 Cardozo L. Rev. De-Novo 1 (2025)

handle is hein.journals/denovo2025 and id is 1 raw text is: CARDOZO LAW REVIEW de0novo THE FEDERAL MARITIME COMMISSION'S NEW FRAMEWORK FOR OCEAN CARRIER ACCOUNTABILITY: ANALYSIS OF THE MCS INDUSTRIES AND OJ COMMERCE DECISIONST Heewan Noht & Jie Shit This article examines two 2024 Federal Maritime Commission (FMC or Commission) cases that significantly impact the interpretation of ocean carrier accountability under the Shipping Act of 1984:1 MCS Industries, Inc. v. COSCO t The authors are attorneys employed by Huth Reynolds LLP, where they focus on maritime law and complex commercial litigation. Huth Reynolds LLP represented complainant MCS Industries, Inc. in MCS Indus., Inc. v. COSCO Shipping Lines Co. Ltd., Docket No. 21-05 (F.M.C. Jan. 3, 2024), affd, Docket No. 21-05 (F.M.C. July 16, 2024). t Georgetown University Law Center, LL.M., 2023; Korea University Law School, J.D., 2018. t Vanderbilt University Law School, J.D., 2022; China University of Political Science and Law, LL.B., 2018. 1 The Shipping Act of 1984, 46 U.S.C. § 41102(c) (stating that carriers may not fail to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property); id at § 41104(a)(2)(A) (stating that carriers may not provide service in the liner trade that is ... not in accordance with the rates, charges, classifications, rules, and practices contained in .. . a service contract); id. at § 41104(a)(3) (stating that carriers may not unreasonably refuse cargo space accommodations when available, orresort to other unfair or unjustly discriminatory methods); id. at § 41104(a)(10) (stating that carriers may not unreasonably refuse to deal or negotiate). 1