Nipponkoa Insurance v. Norfolk Southern Railway Co.
Opinion of the Court
SUMMARY ORDER
The district court granted summary judgment to the plaintiffs in these two related cases based on what was then binding Second Circuit precedent. The parties agree that the Supreme Court, in Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., 561 U.S. -, 130 S.Ct. 2433, 177 L.Ed.2d 424 (2010), has abrogated the precedent upon which the district court relied. See also Royal & Sun Alliance Ins., PLC v. Ocean World Lines, Inc., 612
The judgment is VACATED and REMANDED for further proceedings.
Reference
- Full Case Name
- NIPPONKOA INSURANCE COMPANY, LTD. v. NORFOLK SOUTHERN RAILWAY COMPANY, the Kansas City Southern Railway Company, Defendants-Appellants Sompo Japan Insurance Company of America, Sompo Japan Insurance Inc. v. Norfolk Southern Railway Company, Norfolk Southern Corporation, The Kansas City Southern Railway Company
- Cited By
- 6 cases
- Status
- Published