Norfolk Southern Railway Co. v. Kirby

Kirby (plaintiff) hired intermediary ICC to ship goods from Australia to Alabama; ICC in turn contracted with ocean carrier Hamburg Sud, whose bill of lading capped liability at $500 per package and extended that cap, via a Himalaya Clause, to Hamburg's subcontractors, including Norfolk Southern (defendant), which Hamburg hired to complete the inland rail leg. When a Norfolk Southern train derailment caused $1.5 million in cargo damage, Kirby sued, and Norfolk Southern argued its liability was capped by the Hamburg bill Kirby never directly signed; the district court agreed, but the Eleventh Circuit reversed, and the Supreme Court granted certiorari.