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SOMPO JAPAN INS. CO. v. NORFOLK SOUTHERN RY. CO.

Docket Nos. 13-3416-cv, 13-3501-cv.

762 F.3d 165 (2014)

SOMPO JAPAN INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. NORFOLK SOUTHERN RAILWAY COMPANY, Norfolk Southern Corporation, The Kansas City Southern Railway Company, Defendants-Appellees. Nipponkoa Insurance Company, Plaintiff-Appellee, v. Norfolk Southern Railway Company, The Kansas City Southern Railway Company, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 6, 2014.

Attorney(s) appearing for the Case

David T. Maloof ( Thomas M. Eagan , on the brief), Maloof Browne & Eagan LLC, Rye, N.Y., for Plaintiff-Appellant Sompo Japan Insurance Company of America in No. 13-1416, and for Plaintiff-Appellee Nipponkoa Insurance Company in No. 13-3501.

Paul D. Keenan , Keenan Cohen & Howard P.C., Jenkintown, PA, for Defendants-Appellants Norfolk Southern Railway Company and The Kansas City Southern Railway Company in No. 13-3501, and for Defendants-Appellees Norfolk Southern Railway Company, Norfolk Southern Corporation, and The Kansas City Southern Railway Company in No. 13-3416.

Before: JACOBS, SACK, and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

In April 2006, a train derailed near Dallas, Texas, destroying much of the train's cargo — a variety of manufactured goods ranging from tractors to copy machines. The derailment precipitated these actions, which are on appeal before this Court for the second time. Before taking their fateful train ride, the manufactured goods had traveled across the Pacific Ocean from various parts of Asia. Their entire international journey...

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