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CNA INS. CO. v. HYUNDAI MERCHANT MARINE CO., LTD.

Nos. 12-6118, 12-6201.

747 F.3d 339 (2014)

CNA INSURANCE COMPANY, a/s/o Corning, Inc., Plaintiff-Appellee/Cross-Appellant, v. HYUNDAI MERCHANT MARINE CO., LTD.; Norfolk Southern Railway Company; Burlington Northern Santa Fe Railway Company, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 26, 2014.

Rehearing En Banc Denied May 8, 2014.

Attorney(s) appearing for the Case

ARGUED: Paul D. Keenan , Keenan Cohen & Howard P.C., Jenkintown, Pennsylvania, for Appellants/Cross-Appellees. Edward C. Radzik , Marshall Dennehey Warner Coleman & Goggin, New York, NY, for Appellee/Cross-Appellant. ON BRIEF: Paul D. Keenan , Keenan Cohen & Howard P.C., Jenkintown, Pennsylvania, for Appellants/Cross-Appellees. Edward C. Radzik , Marshall Dennehey Warner Coleman & Goggin, New York, NY, Henry S. Afford , Rebecca Grady Jennings , Middleton Reutlinger, Louisville, KY, for Appellee/Cross-Appellant.

BATCHELDER, C.J., delivered the opinion of the court in which COOK, J., concurred, and O'MALLEY, J., concurred in part. O'MALLEY, J. (pp. 51-54), delivered a separate opinion dissenting from section III.B of the majority's opinion.

OPINION

ALICE M. BATCHELDER, Chief Judge.

At its core, this appears to be a simple case: Corning hired Hyundai to transport cargo overseas, Hyundai's subcontractors accidentally destroyed the cargo during transit, and nobody wants to pay for it. After some significant legal decisions and a jury trial, the district court found Hyundai and the subcontractors liable to CNA for the loss, though it refused CNA's request...

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