Legal Opinion
Continental Insurance v. Kawasaki Kisen Kasha, Ltd.
District Court, N.D. California
Decided February 25, 2008No. C 07-06148 WHAPublishedCited by 1 opinion
1Opinion of the Court
ORDER DENYING MOTION TO REMAND
WILLIAM ALSUP, District Judge.
INTRODUCTION
This order holds that all claims by a shipper for damage to cargo under a bill of lading for seaborne carriage between a United States port and a foreign port are exclusively governed by the Carriage of Goods by Sea Act and federal maritime law, thus preempting application of state-law claims. Removal to federal court of such a complaint is therefore authorized even though it may be pled solely in terms of state-law claims. As such, plaintiffs motion to remand is Denied.
STATEMENT
In September of 2006 a large shipment of…
2Cases cited15 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Beneficial National Bank v. AndersonSupreme Court of the United States · 2003
- Emrich v. Touche Ross & Co.Court of Appeals for the Ninth Circuit · 1988
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3Cited by1 opinion
- M3 Midstream LLC v. South Jersey Port Corp.District Court, D. New Jersey · 2014