Sompo Japan Insurance Company of America et al v. Norfolk Southern Railway Company et al
| Sompo Japan Insurance Company of America and Sompo Japan Insurance, Inc. |
| Norfolk Southern Railway Company, Norfolk Southern Corporation and The Kansas City Southern Railway Company |
| 1:2007cv02735 |
| April 4, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Denny Chin |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Other |
| None |
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Filing
118
OPINION re: 104 MOTION for Reconsideration re; 102 Memorandum & Opinion, (Partial Reconsideration), filed by Sompo Japan Insurance, Inc., Sompo Japan Insurance Company of America. Defendants are entitled to the protection of the liability limitations in the Yang Ming bill of lading, whereby plaintiffs agreed not to sue anyone other than Yang Ming. These protections preclude plaintiffs from suing defendants irrespective of the terms of the Nippon Express bill of lading. Therefore, defe ndants' motions for reconsideration and summary judgment are granted in part, and plaintiffs' cross-motions for reconsideration and summary judgment are denied in part, with respect to the claims arising from the Hitachi/Unisia shipment in Sompo Japan Ins. Co. of Am. v. Norfolk S. Ry. Co., No. 07 Civ. 2735, and the Fuji shipment in Nipponkoa Ins. Co. v. Norfolk S. Ry. Co., No. 07 Civ. 10498. All claims other than Nipponkoa's claim based on the Enplas shipment are dismissed. Nippon koa's motions for reconsideration and summary judgment are granted in part, and defendants' cross-motions are denied in part, as respects the Enplas shipment in Nipponkoa Ins. Co. v. Norfolk S. Ry. Co., No. 07 Civ. 10498. I award damages in the amount of $100,000, plus interest, for Nipponkoa and against defendants. The parties shall confer on the terms of a proposed judgment, including interest, and they shall submit a proposed judgment within ten days hereof. (Signed by Judge Denny Chin, Sitting by Designation on 8/15/2013) (ja) Modified on 8/16/2013 (ja). Modified on 8/16/2013 (ja).
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Filing
102
OPINION, For the reasons stated below, defendants' motions for summary judgment are granted in part and denied in part and plaintiffs' motions are denied re: (84 in 1:07-cv-02735-DC) MOTION for Summary Judgment filed by Norfolk Southern Ra ilway Company, Norfolk Southern Corporation, The Kansas City Southern Railway Company, (52 in 1:07-cv-10498-DC) MOTION for Summary Judgment filed by Norfolk Southern Railway Company, The Kansas City Southern Railway Company, (91 in 1:07-cv-02735-DC) CROSS MOTION for Summary Judgment filed by Sompo Japan Insurance, Inc., Sompo Japan Insurance Company of America, (58 in 1:07-cv-10498-DC) CROSS MOTION for Summary Judgment filed by Nipponkoa Insurance Company Limited. All claims against defendants arising from the Kubota, Canon, and Hoshizaki shipments are dismissed. (Signed by Judge Denny Chin on 9/4/2012) (cd)
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