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ROYAL & SUN ALLIANCE INS. v. OCEAN WORLD LINES

Docket Nos. 08-4324-cv (L), 08-4481-cv (XAP).

612 F.3d 138 (2010)

ROYAL & SUN ALLIANCE INSURANCE, PLC, Plaintiff-Appellant, v. OCEAN WORLD LINES, INC., Defendant-Third-Party-Plaintiff-Appellee, Yang Ming Marine Transport Corp., Djuric Trucking, Inc., Third-Party-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 20, 2010.

Attorney(s) appearing for the Case

David L. Mazaroli, New York, N.Y., for Plaintiff-Appellant.

Peter D. Clark, Clark, Atcheson & Reisert, North Bergen, N.J., for Defendant-Third-Party-Plaintiff-Appellee.

Joseph De May, Jr. (Paul M. Keane, of counsel), Cichanowicz Callan Keane Vengrow & Textor, LLP, New York, NY, for Third-Party-Defendants-Appellees.

Before CALABRESI, B.D. PARKER, and RAGGI, Circuit Judges.

CALABRESI, Circuit Judge:

The Supreme Court has recently held that the Carmack Amendment "does not apply to a shipment originating overseas under a single through bill of lading." Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., ___ U.S. ___, ___ _ ___, 130 S.Ct. 2433, 2443-44, ___ L.Ed.2d ___, 2010 WL 2471056, at *8 (2010). This Court had previously held otherwise. See Sompo Japan Ins. Co. of Am. v. Union Pac. R.R. Co...

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