A Bed Bath & Beyond Shipping Dispute Is Now a Constitutional Crisis for the FMC

A Bed Bath & Beyond Shipping Dispute Is Now a Constitutional Crisis for the FMC

OOCL is challenging the FMC's record $45.6 million award to Bed Bath & Beyond's estate, arguing the agency lacks jurisdiction over contract disputes.

OOCL's constitutional gambit – will it unravel FMC enforcement?

Key takeaway: The carrier’s challenge to a record $45.6m reparations award isn’t just about one case – it’s a test of whether the agency’s adjudication system can survive the post-Jarkesy legal landscape. On 5 May, lawyers for Orient Overseas Container Line filed suit in US District Court in Houston, Texas, seeking to overturn the largest reparations award in Federal Maritime Commission history, a $45,600,599.25 judgment in favor of the bankrupt…