Kirby Case Expanded Analysis
On November 9, 2004, The Supreme Court of the United States decided Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd., docket No. 02¬1028 (Nov. 9, 2004). The Court reversed the Eleventh Circuit and held that Himalaya Clauses in both an NVOCC's bill of lading, and in a VOCC's bill of lading extended the bill of lading COGSA package limitation or other protection to the participating land carrier, the Norfolk Southern Railway Co., which was hired by an affiliate of the VOCC. The opinion also upholds the limitations in the VOCC's bill of lading even though there was no strict privy of contract between Kirby, the cargo interest, and the VOCC. The case involved a shipment of cargo from Australia to Athens, Alabama by way of Huntsville, Alabama.
Kirby Case: An Expanded Analysis
Following is a more expanded analysis of the recent U.S. Supreme Court decision than the short summary provided yesterday. This analysis was prepared by Chester Hooper or Holland & Knight. On November 9, 2004, The Supreme Court of the United States decided Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd., docket No. 021028 (Nov. 9, 2004). The Court reversed the Eleventh Circuit and held that Himalaya Clauses in both an NVOCC's bill of lading, and in a VOCC's bill of lading extended the bill of lading COGSA package limitation or other protection to the participating land carrier, the Norfolk Southern Railway Co., which was hired by an affiliate of the VOCC.
Holland & Knight Lawyers Make 'Best' List
Holland & Knight Partners James T. Shirley, Jr. and Brian D. Starer have been selected for The Best Lawyers in America 2005-2006 (Copyright 2004 by Woodward/White, Inc., of Aiken, S.C.) a publication widely regarded as the definitive legal referral guide in the United States. As a follow up to their bi-annual survey in which 16,000 leading attorneys are asked to cast votes on the legal abilities of their colleagues, Best Lawyers in America recently conducted a special telephone poll of the New York City legal community. This new poll identified Shirley and Starer as top maritime lawyers in the U.S. They join colleagues Randolph DelFranco…
