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KAWASAKI KISEN KAISHA v. REGAL-BELIOT CORP.

Docket No.: 08-1553
Certiorari Granted: 10/20/2009
Argued: March 24, 2010
Decided: June 21, 2010
Consolidated with: 08-1554

PartyNames: Kawasaki Kisen Kaisha Ltd., et al. v. Regal-Beloit Corporation, et al.
Petitioner: Kawasaki Kisen Kaisha Ltd., et al.
Respondent: Regal-Beloit Corporation, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 557 F.3d 985

Kawasaki Kisen Kaisha Ltd., et al.
v.
Regal-Beloit Corporation, et al.
Question Presented:

Whether the Carmack Amendment to the Interstate Commerce Act of 1887, which governs certain rail and motor transportation by common carriers within the United States, 49 U.S.C. §§ 11706 (rail carriers) & 14706 (motor carriers), applies to the inland rail leg of an intermodal shipment from overseas where the shipment was made under a "through" bill of lading issued by an ocean carrier that extended the Carriage of Goods by Sea Act, 46 U.S.C. § 30701 Note, to the inland leg, there was no domestic bill of lading for rail transportation, and the ocean carrier privately subcontracted for rail transportation.

Question:

Does the Carmack Amendment apply to the inland leg of an international shipment?

KAWASAKI KISEN KAISHA v. REGAL-BELIOT CORP.
ORAL ARGUMENT

March 24, 2010

Holding: reversed and remanded
Vote: 6-3
Opinion By: Justice Anthony M. Kennedy
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