Legal Opinion
Babcock & Wilcox Co. v. Kansas City Southern Railway Co.
Court of Appeals for the Third Circuit
Decided February 18, 2009No. 08-1080PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
RESTANI, Judge.
Plaintiff-appellee The Babcock & Wilcox Company (“B & W”) commenced this action under the Carmack Amendment to the Interstate Commerce Act (“ICA”), 49 U.S.C. § 11706, against defendants-appellants Kansas City Southern Railway Company (“KCSR”) and Norfolk Southern Railway Company (“NSR”) (collectively “the Railroads”) to recover damages to its boiler. The Railroads appeal from an order of the United States District Court for the District of New Jersey denying their motion to dismiss for lack of subject matter jurisdiction and granting B & W’s cross-motion for…
2Cases cited18 opinions
- Atlantic Northern Airlines, Inc. v. SchwimmerSupreme Court of New Jersey · 1953
- Pci Transportation, Inc. v. Fort Worth & Western Railroad CompanyCourt of Appeals for the Fifth Circuit · 2005
- Hoskins v. Bekins Van LinesCourt of Appeals for the Fifth Circuit · 2003
- Reider v. ThompsonSupreme Court of the United States · 1950
- Conway v. 287 Corporate Center AssociatesSupreme Court of New Jersey · 2006
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- CNA Insurance v. Hyundai Merchant Marine Co.Court of Appeals for the Sixth Circuit · 2014
- Chartis Seguros Mexico, S.A. de C.V. v. HLI Rail & Rigging, LLCDistrict Court, S.D. New York · 2014
- United States v. Joaquin FoyCourt of Appeals for the Third Circuit · 2015
- Rohr, Inc. v. UPS-Supply Chain Solutions, Inc.District Court, S.D. California · 2013
- ABB, Inc. v. CSX Transportation, Inc.District Court, E.D. North Carolina · 2012
6 more not listed; retrieve them via the Exa API.