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Hamburg Süd v. FMC — D.C. Cir. (Oct 16, 2026)

No. 25-1156 Argued October 16, 2026 Published October 17, 2026

The D.C. Circuit hears a dispute between ocean carrier Hamburg and its customer, OJ Commerce. During the pandemic shipping crunch, OJC complained that Hamburg was not carrying the agreed volume under their year-long contract. After OJC threatened to complain to the Federal Maritime Commission, Hamburg stopped negotiating a renewal. Hamburg will point to continued spot-market shipping: individual shipments priced at prevailing market rates rather than an annual contract. The Commission found unlawful retaliation and refusal to deal, and awarded about seventeen point six million dollars, including additional damages. Reparations means money awarded for injury under the Shipping Act. Hamburg will challenge the Commission’s authority and its damages award. OJC will seek more compensation, challenging the number of containers and shipping costs used to estimate its losses. The Commission will defend its authority and calculations. The unit FFE means one forty-foot shipping-container equivalent.

Hamburg Süd v. FMC (No. 25-1156) — U.S. Court of Appeals for the D.C. Circuit, argued October 16, 2026.

Sources
Argument audio — official D.C. Circuit recording:https://media.cadc.uscourts.gov/recordings/docs/2026/10/25-1156.mp3
Case and argument date — official recording archive:https://media.cadc.uscourts.gov/recordings/bydate/2026/10
Facts and prior agency ruling — OJ Commerce v. Hamburg Süd, FMC Docket 21-11, August 27, 2024; 8 F.M.C.2d 438–501, PDF pages 453–516; not this appeal’s outcome:https://www.fmc.gov/wp-content/uploads/2025/06/8-F.M.C.2d.pdf
Service contracts and breach remedy — 46 U.S.C. §40502(c), (f):https://www.law.cornell.edu/uscode/text/46/40502
Reparations and additional awards — 46 U.S.C. §41305:https://www.law.cornell.edu/uscode/text/46/41305
Carrier prohibitions — 46 U.S.C. §41104; 2022 amendment notes reproduce former (a)(3) applicable to 2021 conduct:https://www.law.cornell.edu/uscode/text/46/41104
Federal judicial protections — Constitution, Article III, National Archives transcript:https://www.archives.gov/founding-docs/constitution-transcript
Civil jury protection — Seventh Amendment, National Archives transcript:https://www.archives.gov/founding-docs/bill-of-rights-transcript
Agency adjudication and public rights — SEC v. Jarkesy, 603 U.S. 109 (2024), actual majority opinion:https://www.supremecourt.gov/opinions/23pdf/22-859new_kjfm.pdf
Issue exhaustion — Carr v. Saul, 593 U.S. 83 (2021); definition, not a ruling on this shipping appeal:https://www.supremecourt.gov/opinions/20pdf/19-1442_971e.pdf
Remittitur and new-trial option — Hetzel v. Prince William County, 523 U.S. 208 (1998):https://www.govinfo.gov/content/pkg/USREPORTS-523/pdf/USREPORTS-523-208.pdf
Conditional reduction of a jury award — Dimick v. Schiedt, 293 U.S. 474, 482–486 (1935):https://www.govinfo.gov/content/pkg/USREPORTS-293/pdf/USREPORTS-293-474.pdf
FFE container unit — carrier’s technical definition:https://www.maersk.com/de-de/support/faqs/feu-and-ffe-mean

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