Legal Opinion

American Home Assurance v. A.P. Moller-Maersk

District Court, S.D. New York

Decided March 31, 2014No. 07 Civ. 10947(PGG)PublishedCited by 3 opinions

1Opinion of the Court

*279 MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, District Judge.

This action, formerly before the Honorable Barbara S. Jones,1 arises from a 2006 train derailment near Newberry Springs, California. Plaintiff American Home Assurance, the subrogee of Crown Equipment Corporation, seeks to recover damages that the derailment caused to Crown’s cargo, which was in the process of being shipped from Ohio and Indiana to Australia. Defendant A.P. Maersk, an ocean carrier, agreed to transport the goods pursuant to the terms of a “through bill of lading” — essentially a single shipping contract that covered…

2Cases cited15 opinions

  1. Hicks v. BainesCourt of Appeals for the Second Circuit · 2010
  2. Mark Giannullo v. City of New YorkCourt of Appeals for the Second Circuit · 2003
  3. Madeline E. Brown v. William J. Henderson, Postmaster General of the United States Postal ServiceCourt of Appeals for the Second Circuit · 2001
  4. Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd.Supreme Court of the United States · 2004
  5. Fletcher v. Atex, Inc.Court of Appeals for the Second Circuit · 1995

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3Cited by3 opinions

  1. American Home Assurance Co. v. A.P. Mollermaersk A/SCourt of Appeals for the Second Circuit · 2015
  2. American Home Assurance Co. v. A.P. MollerMaersk A/SCourt of Appeals for the Second Circuit · 2015
  3. Azzil Granite Materials, LLC v. Canadian Pacific Railway CorporationUnited States Bankruptcy Court, D. New Jersey · 2020

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