Sompo Japan Insurance Co. of America v. Norfolk Southern Railway Co.

GERARD E. LYNCH, Circuit Judge:

In April 2006, a train derailed near Dallas, Texas, destroying much of the train’s cargo — a variety of manufactured goods ranging from tractors to copy machines. The derailment precipitated these actions, which are on appeal before this Court for the second time. Before taking their fateful train ride, the manufactured goods had traveled across the Pacific Ocean from various parts of Asia. Their entire international journey was governed by through bills of lading — essentially, contracts — issued by ocean carriers to the cargo owners or their intermediaries. In…