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: 76-3

Filed: 03/26/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 12-6118/6201
CNA INSURANCE COMPANY, a/s/o Corning, Inc.,
Plaintiff-Appellee/Cross-Appellant,

FILED
Mar 26, 2014
DEBORAH S. HUNT, Clerk

v.
HYUNDAI MERCHANT MARINE CO., LTD.;
NORFOLK SOUTHERN RAILWAY COMPANY;
BURLINGTON NORTHERN SANTA FE
RAILWAY COMPANY,
Defendants-Appellants/Cross-Appellees.
Before: BATCHELDER, Chief Judge; COOK and O’MALLEY, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that 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.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk