1. Home
  2. Browse Decisions
  3. F.3d
  4. 621 F.3d
  5. 621 F.3d 215 (2010)
 

MITSUI SUMITOMO INS. CO. v. EVERGREEN MARINE CORP.

Docket No. 08-5184-cv.

621 F.3d 215 (2010)

MITSUI SUMITOMO INSURANCE CO., LTD., Plaintiff-Appellee, v. EVERGREEN MARINE CORP., Defendant-Cross-Claimant-Appellant, Union Pacific Railroad Company, Defendant-Cross-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 22, 2010.

Attorney(s) appearing for the Case

Joseph De May, Jr . ( Paul M. Keane , on the brief), Cichanowicz, Callan, Keane, Vengrow & Textor, LLP, New York, NY, for Appellant Evergreen Marine Corp.

Barry N. Gutterman , Barry N. Gutterman & Associates, P.C., New York, NY, for Appellant Union Pacific Railroad Co.

David L. Mazaroli , New York, NY, for Appellee Mitsui Sumitomo Insurance Co., Ltd.

Before: B.D. PARKER, WESLEY, Circuit Judges, and RESTANI, Judge.

PER CURIAM:

This is another "maritime case about a train wreck." Norfolk S. Ry. Co. v. Kirby, 543 U.S. 14, 18, 125 S.Ct. 385, 160 L.Ed.2d 283 (2004). We are again asked which federal statutory scheme governs the extent of the parties' liability: the Carmack Amendment, 49 U.S.C. § 11706, which imposes something akin to strict liability on shippers; or the Carriage of Goods and Sea Act ("COGSA"), 46 U.S.C. § 30701...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases