Continental Insurance v. Kawasaki Kisen Kasha, Ltd.
Opinion
Opinion
Alsup, J.
ORDER DENYING MOTION TO REMAND
INTRODUCTION
This order holds that all claims by a shipper for damage to cargo under a bill of lading for seaborne carriage between a United States port and a foreign port are exclusively governed by the Carriage of Goods by Sea Act and federal maritime law, thus preempting application of state-law claims. Removal to federal court of such a complaint is therefore authorized even though it may be pled solely in terms of state-law claims. As such, plaintiffs motion to remand is Denied.
STATEMENT
In September of 2006 a large shipment of plums traveled by vessel from Oakland, California to Hong Kong (Compl. ¶ 5; Opp. 2). The plums traveled under four separate bills of lading, all issued by or on behalf of defendants Kawasaki Kisen Kai-sha, Ltd. and “K” Line America, Inc. By the time of their delivery in Hong Kong, the plums were allegedly spoiled. (ComplJ 6).
Plaintiff, a domestic insurance company, issued a cargo insurance policy to its insured, Kingsburg Orchards, to cover the shipment of plums. On October 26, 2007, plaintiff filed a complaint in state court against defendants, asserting four state-law claims: breach of contract, bailment,…