James N. Kirby, Pty Ltd. v. Norfolk Southern Railway Co.

CARNES, Circuit Judge:

This case, the facts of which began in Australia and ended in Alabama, is about Himalaya clauses, Clauses Paramount, COGSA, the package limitation defense, FBLs, FIATA, and the like. In short, it is a bill of lading case. The issue it presents us is whether a railroad’s liability, if any, to a shipper for damage done to goods by the derailment of train is limited by the “Himalaya clause” in either of two bills of lading that were issued for the transport of the goods.

A Himalaya clause is a clause in a bill of lading that extends the carrier’s defenses and limitations of…