Sapphire Holdings purchased timber from a state agency under a contract requiring all processing to occur within the state before any shipment out of state. When Sapphire arranged for out-of-state milling and subsequent interstate shipment of the finished lumber, state officials blocked the transaction. The downstream condition on the shipment directly affected later commercial activity across state lines.
Filled Milk Interstate Ban
Sofia Stern's company manufactured a milk substitute in Illinois and arranged its shipment into interstate commerce. Federal inspectors seized the product under the Filled Milk Act. The shipment across state lines triggered the prohibition that the statute imposed on the compounded goods.
United States v. Carolene Products Co.304 U.S. 144, 153 n.4 (1938)
Salesman Order Transmission
Serena Soto, an International Shoe salesman, solicited orders in Washington and forwarded them to the St. Louis office. Merchandise was then shipped f.o.b. from outside the state directly to Washington purchasers. The continuous flow of shipments into the state formed the basis for asserting jurisdiction over the company.
International Shoe Co. v. Washington326 U.S. 310, 316 (1945)
Component Part Stream of Commerce
Steven Silva's California company purchased valve assemblies from Asahi in Japan. Asahi arranged shipment of the parts to Taiwan where they were incorporated into motorcycle tires sold worldwide. The volume and regularity of those shipments into the United States formed the contacts analyzed for personal jurisdiction.
Asahi Metal Industry Co. v. Superior Court of Cal., Solano Cty.480 U.S. 102 (1987)
Frequently Asked3
What distinguishes the act of shipment from mere delivery of goods?+
Shipment requires delivery of goods to a carrier together with issuance of a bill of lading. Simple delivery to a buyer without carrier involvement does not qualify as shipment under the standard definition.
Supporting sources
Does a shipment of goods always create a bill of lading?+
A shipment typically involves issuance of a bill of lading when goods are delivered to a carrier. The document serves as both receipt and contract of carriage for the goods shipped.
Supporting sources
Can goods be considered a shipment before they leave the seller's premises?+
Goods become a shipment once delivered to the carrier and a bill of lading issues. Until that moment the goods remain in the seller's possession and have not yet been shipped.
Supporting sources
2
DNA Lab Shipment Records
Seth Shapiro's defense team reviewed shipping manifests that tracked blood samples sent to and returned from the Cellmark laboratory. The records documented the chain of custody for the shipment containing the DNA evidence. Defense counsel waived any objection to the manifests during trial.
Williams v. Illinois567 U.S. 50 (2012)
Seller Stoppage of Delivery
Buyer became insolvent after Seller delivered a truckload of electronics to Carrier for transport. Upon learning of the insolvency, Seller exercised its right to stop the shipment while the goods remained in Carrier's possession. The stoppage prevented delivery of the goods that constituted the shipment.
326 U.S. 310 (1945)Civil Procedure
…outside Washington to the purchasers within the state. All the merchandise shipped into Washington is invoiced at the place of shipment from which collections are made. No salesman has authority to enter into contracts or to make collections. The Supreme Court of Washington was of opinion that the regular and systematic…