CNA Insurance Company v. Hyundai Merchant Marine Co., L, et al

Filing

OPINION and JUDGMENT filed : The judgment against Hyundai Merchant Marine Co., Ltd. is AFFIRMED. The judgments against Norfolk Southern Railway Company and Burlington Northern Santa Fe Railway Company are VACATED, and the case is REMANDED to the district court so that it may reconsider the question of prejudgment interest. Decision for publication. Alice M. Batchelder (AUTHORING), Chief Judge; Deborah L. Cook and Kathleen McDonald O'Malley (DISSENTING FROM SECTION III.B OF THE MAJORITY'S OPINION), Circuit Judges. The Honorable Kathleen M. O'Malley, Circuit Judge for the United States Court of Appeals for the Federal Circuit, is sitting by designation. [12-6118, 12-6201] *N.B. The file name (14a0053p.06) and a spacing error at the point of Judge O'Malley's portion of the opinion have been corrected.--[Edited 03/26/2014 by CL]

Case: 12-6118

Document: 76-1

Filed: 03/26/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Deborah S. Hunt
Clerk

100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Tel. [phone]
www.ca6.uscourts.gov

Filed: March 26, 2014

Mr. Henry S. Alford
Ms. Rebecca Grady Jennings
Middleton Reutlinger
401 S. Fourth Street, Suite 2600
Louisville, KY 40202

Mr. Paul D. Keenan
Mr. Christopher Jordan Merrick
Keenan Cohen & Howard
165 Township Line Road, Suite 2400
Jenkintown, PA 19046

Mr. Paul D. Keenan
Mr. Christopher Jordan Merrick
Keenan Cohen & Howard
165 Township Line Road, Suite 2400
Jenkintown, PA 19046

Re:

Case Nos. 12-6118/6201, CNA Ins. Co. v. Hyundai Merchant Marine Co., et al.
Originating Case No. : 3:07-cv-00141

Dear Counsel,
The court today announced its decision in the above-styled cases.
Enclosed is a copy of the court's opinion together with the judgment which has been entered
in conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Deborah S. Hunt, Clerk
Cathryn Lovely
Deputy Clerk
cc: Ms. Vanessa L. Armstrong
Enclosures
Mandate to issue.