SUPREME COURT ASKS SOLICITOR GENERALÆS OPNION IN COGSA CASE
The U.S. Supreme Court has invited U.S. Solicitor General, Theodore B. Olso, to file a brief expressing the views of the federal government in the case of James N. Kirby Pty. Ltd., v. Norfolk Southern Railway Co.
In this case, which the U.S. Circuit Court for the 11th Circuit decided in 2002, the appellate court held, among other issues, that where multiple bills of lading were involved, a railroad could not be the beneficiary of limitations of liability under the Carriage of Goods by Sea Act (COGSA).
The appeals court said a Himalaya clause in the first bill of lading was not sufficiently broad to cover the railroad’s shipment made under a subsequent bill of lading.
