Kawasaki Kisen Kaisha v. Regal-Beloit Corporation, Union Pacific Railroad Company v. Regal-Beloit Corporation
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1553 | 9th Cir. | Mar 24, 2010 | Jun 17, 2010 | 6-3 | Kennedy | OT 2009 |
Holding: When a cargo shipment starts its journey overseas, the portion of the trip during which the goods are shipped by train is governed by the Carriage of Goods by Sea Act, rather than the Carmack Amendment to the Interstate Commerce Act.
Judgment: Reversed, 6-3, in an opinion by Justice Anthony Kennedy on June 17, 2010. Justice Sotomayor dissented, joined by Justices Stevens and Ginsburg.
SCOTUSblog Coverage
- Court curbs Carmack in Kawasaki Kisen Kaisha (Kevin Russell, June 21, 2010)
- Balancing maritime and railway law (Kevin Russell, March 19, 2010)
Briefs and Documents
Merits Briefs
- Brief for Petitioner Union Pacific Railroad Co.
- Brief for Petitioners Kawasaki Kisen Kaisha, Ltd. and “K” Line America, Inc. (08-1553 only)
- Brief for Respondent Regal-Beloit Corporation, Victory Fireworks, Inc., PICC Property & Casualty Co. LTD., and Royal & Sun Alliance Insurance Co., LTD.
- Reply Brief for Petitioner Kawasaki Kisen Kaisha LTD and “K” Line American, Inc.
- Reply Brief for Petitioner Union Pacific Railroad Co.
Amicus Briefs
- Brief for the United States in Support of Petitioners
- Brief for the International Group of Protection and Indemnity Clubs in Support of Petitioners
- Brief for the Association of American Railroads 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
Certiorari-stage documents
- Opinion below (9th Circuit)
Merits Briefs
- Brief for Petitioner Union Pacific Railroad Co.
- Brief for Petitioners Kawasaki Kisen Kaisha, Ltd. and “K” Line America, Inc. (08-1553 only)
- Brief for Respondent Regal-Beloit Corporation, Victory Fireworks, Inc., PICC Property & Casualty Co. LTD., and Royal & Sun Alliance Insurance Co., LTD.
- Reply Brief for Petitioner Kawasaki Kisen Kaisha LTD and “K” Line American, Inc.
- Reply Brief for Petitioner Union Pacific Railroad Co.
Amicus Briefs
- Brief for the United States in Support of Petitioners
- Brief for the International Group of Protection and Indemnity Clubs in Support of Petitioners
- Brief for the Association of American Railroads 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
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