United States Second Circuit

In consolidated appeals, in which the plaintiff-subrogees challenged the dismissal of certain claims against defendant-railways and found that plaintiff Nipponkoa could maintain its claim for contractual indemnification: 1) judgment in favor of defendant-railways is affirmed in the first case, where (a) defendant-railways had entered into a bill of ladings limiting their liability for damage to cargo and shifting such liability to upstream carriers, (b) there was a derailment causing damage to train cargo, and (c) the bill of ladings liability-limiting provisions were valid; and 2) judgment in favor of plaintiff Nipponkoa is affirmed in the second case, where the defendants' challenges to that judgment were waived below.

Appellate Information

• Decided 08/06/2014
• Published 08/06/2014

Judges

• LYNCH

Court

• United States Second Circuit

Counsel