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CONTINENTAL INS. CO. v. KAWASAKI KISEN KASHA, LTD.

No. C 07-06148 WHA.

542 F.Supp.2d 1031 (2008)

The CONTINENTAL INSURANCE COMPANY, a corporation, Plaintiff, v. KAWASAKI RISEN KASHA, LTD. d/b/a "K" Line, a foreign corporation, "K" Line America, Inc., a foreign corporation, and Doe One through Doe Ten, Defendants.

United States District Court, N.D. California.

February 25, 2008.

Attorney(s) appearing for the Case

Jonathan Will Thames, James Jin-Woo Jirn, Archer Norris, Walnut Creek, CA, for Plaintiff.

Alan Nakazawa, Dena Susann Aghabeg, Cogswell Nakazawa & Chang, LLP, Long Beach, CA, for Defendants.

ORDER DENYING MOTION TO REMAND

WILLIAM ALSUP, District Judge.

INTRODUCTION

This order holds that all claims by a shipper for damage to cargo under a bill of lading for seaborne carriage between a United States port and a foreign port are exclusively governed by the Carriage of Goods by Sea Act and federal maritime law, thus preempting application of state-law claims. Removal to federal court of such a complaint is therefore authorized even though...

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