Maritime Cases About Train Wrecks: Applying Maritime Law to the Inland Damage of Ocean Cargo

摘要

As this article has illustrated, determining when the maritime rules apply to inland carriage of ocean cargo is not a simple task. A number of separate issues need to be addressed, and the answers become progressively more difficult. The Supreme Court in Kirby simplified the analysis on the first big question, and it now seems reasonably clear that most multimodal carriage will be subject to admiralty jurisdiction (and thus to the general maritime law on matters not otherwise addressed by federal statute). On the second big question (whether a separate bill of lading is required), the Carmack Amendment provides a relatively clear answer-but the circuit courts have nevertheless given conflicting answers in different parts of the country. On the remaining questions, the courts have essentially ignored the relevant issues. The Second Circuit's Sompo decision is the first to fully analyze the issues, but its reasoning has generated considerable controversy. Perhaps those issues will become clearer when more courts of appeals have had the opportunity to consider and respond to the Second Circuit's analysis.