Msc Mediterranean Shipping Company S.A. v. Bnsf Railway Company
Opinion
Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 14 2025
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MSC MEDITERRANEAN SHIPPING No. 24-3957 COMPANY S.A., D.C. No. 2:23-cv-09693-JLS-AJR Plaintiff - Appellant,
MEMORANDUM*
v.
BNSF RAILWAY COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Central District of California Josephine L. Staton, District Judge, Presiding
Argued and Submitted June 6, 2025 Pasadena, California
Before: HURWITZ, MILLER, and SUNG, Circuit Judges.
Under a through bill of lading with both ocean and rail legs, MSC
Mediterranean Shipping Company S.A. (MSC) transported cargo for a third party
from the Port of Zhongshan in China to Kansas City via the Port of Los Angeles.
MSC subcontracted with BNSF Railway Company (BNSF) to perform the rail leg
from Los Angeles to Kansas City. After MSC settled a claim for cargo loss or
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. damage with the cargo owner’s insurer, it…