Tokio Marine & Fire Insurance Group v. J.J. Phoenix Express, Ltd.

MEMORANDUM OPINION AND ORDER

SHADUR, Senior District Judge.

Nissin International Transport USA, Inc. (“Nissin,” incorrectly spelled in the pleading at issue as “Nissen”) has moved to dismiss the Third Party Complaint (“TPC”) of Aireo International, Inc. (“Air-eo”), which is one of two defendants in this Carmack Amendment action brought by Tokio Marine and Fire Insurance Group, as ’ subrogee of Tanita Corp. of America (“Tanita”). Aireo has come back with some shifty moves worthy of Barry Sanders. But as best as can be made out from Airco’s response to Nissin’s motion, the correct course of…