In an opinion dated Monday, Judge Torres ruled, after a bench trial, that a shipping company was not liable for the damage caused by Hurricane Sandy to 211 shipping containers that were sitting in the New York Container Terminal and that were filled with Lord & Taylor sweaters and cardigans.  The controlling question was whether the storm was an “Act of God,” which, at least legally speaking, turns on whether the scope of the storm was foreseeable enough for the defendant to have prevented the damage. Judge Torres answered the question “no,” because accurate predictions about the size of the storm surge did not materialize until it was too late:
Continue Reading Judge Torres: Hurricane Sandy Was Unforeseeable “Act of God”