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REXROTH HYDRAUDYNE B.V. v. OCEAN WORLD LINES, INC.

Docket No. 07-1207-cv.

547 F.3d 351 (2008)

REXROTH HYDRAUDYNE B.V., Plaintiff-Appellant, v. OCEAN WORLD LINES, INC., Cosco North American Inc., Cosco Americas, Inc. and Cosco Container Lines Americas, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 6, 2008.

Attorney(s) appearing for the Case

Susan Schneiderman, Ballon Stoll Bader & Nadler, P.C., New York, NY, for Appellant.

Peter D. Clark, Clark, Atcheson & Reisert, North Bergen, NJ, for Appellees.

Before: RAGGI, WESLEY, and LIVINGSTON, Circuit Judges.

WESLEY, Circuit Judge:

Two years ago this Court examined the interplay of two federal statutes that govern the transport of goods from foreign shores to inland delivery points in the United States. See Sompo Japan Ins. Co. of Am. v. Union Pac. R.R., 456 F.3d 54 (2d Cir.2006). We concluded that, when a rail carrier is charged with damage to the shipment, its liability is defined by the Carmack Amendment1

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