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.
Decision in Tricolor Litigation
The U.S. District Court for Southern District of New York ruled that the cause of the December 14, 2002 collision between the container ship KARIBA and the ro-ro car carrier TRICOLOR in the English Channel was the sole and exclusive fault of the KARIBA. In its decision, the court stated: “In short, it was not the Tricolor’s or Clary’s failure to act that was the cause; rather, the sole and exclusive cause of the collision was the Kariba’s turn to starboard.” The TRICOLOR and its owners were ably represented by lead counsel Chester D. Hooper, a partner in the firm of Holland & Knight LLP. In re Otal Investments Ltd , 03 Civ 4304 Source: HK Law