This month, the Supreme Court is hearing a case that deals with the interplay between maritime contracts dealing with cargo shipments and the rules governing disputes for cargo transported on railways.  It is a thorny mix of federal law, international conventions and contract principles. My earlier post here.

The Question Presented is:

Whether the Carmack Amendment to the Interstate Commerce Act of 1887, which

governs certain rail and motor transportation by common carriers within the United

States, 49 U.S.C. §§ 11706 (rail carriers) & 14706 (motor carriers), applies to the

inland rail leg of an intermodal shipment from overseas where the shipment was

made under a "through" bill of lading issued by an ocean carrier that extended the

Carriage of Goods by Sea Act, 46 U.S.C. § 30701 Note, to the inland leg, there was

no domestic bill of lading for rail transportation, and the ocean carrier privately

subcontracted for rail transportation.

 

Merits Briefs (Courtesy of the ABA):

Brief for Petitioner Union Pacific Railroad Co.

Brief for Petition Kawasaki Kisen Kaisha Ltd.

Brief for Respondent Regal-Beliot Corp.

Amicus Briefs (Courtesy of the ABA):

Brief for the USA in Support of Petitioners

Association of American Railroads brief in Support of Petitioners

Brief for the International Group of Protection and Indemnity (P&I) Clubs, et al., in Support of Petitioners

Brief for the World Shipping Council in Support of Petitioners

Brief for the Transportation and Logistics Council and the American Institute of Marine Underwriters in Support of Respondent

We will keep you posted.