Mitsui Sumitomo Insurance v. Evergreen Marine Corp.

This is another “maritime case about a train wreck.” Norfolk S. Ry. Co. v. Kirby, 543 U.S. 14, 18, 125 S.Ct. 385, 160 L.Ed.2d 283 (2004). We are again asked which federal statutory scheme governs the extent of the parties’ liability: the Carmack Amendment, 49 U.S.C. § 11706, which imposes something akin to strict liability on shippers; or the Carriage of Goods and Sea Act (“COGSA”), 46 U.S.C. § 30701 note, which creates negligence-based liability with a $500-per-paekage damages cap.

Relying on our decision in Sompo Japan Insurance Co. of America v. Union Pacific Railroad Co. (“Sompo”), 456…