Supreme Court remands NVO forum case after ôNorfolk Southernö decision
The U.S. Supreme Court Monday granted a writ of certiorari for a case involving a non-vessel-operating common carrier forum clause.
The court ordered that the judgment of the Ninth Circuit Court of Appeals be vacated in regard to 'Green Fire Ins. v. Hyundai Liberty' (02-813), and that the case be remanded to the Ninth Circuit 'for further consideration' in light of 'Norfolk Southern vs. James N. Kirby.'
In 'Norfolk Southern,' the Supreme Court ruled earlier this month that a railroad was entitled to limitation of liability provisions in the bills of lading of an ocean carrier and a NVO.
That decision raised an issue that the high court quickly decided to address in 'Green Fire;' whether a provision such as a forum clause or time bar in an ocean carrier's bill of lading can be enforced against an original shipper.
The Ninth Circuit, having had its opinion vacated, must now reassess 'Green Fire,' which the Supreme Court will then hear after the appellate court has adjusted its ruling to conform with 'Norfolk Southern.'
Supreme Court remands NVO forum case after ?Norfolk Southern? decision
