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Unpublished Paper
How Swiftly the Carmack Amendment is Washed Away (Or Why J. Sotomayor Was Right in K-Line v. Regal Beloit, 130 S.Ct. 2433 (2010))
(2011)
  • Patrick M Talbot, Universitas Pelita Harapan
Abstract

In K-Line v. Regal Beloit, the Supreme Court mistakenly did not apply the Carmack Amemdment to the inland leg of a shipment imported into the U.S. from China. The shipment derailed inland in Oklahoma, long after its ocean voyage.

In K-Line, the Supreme Court ignored the appropriate "intent test" in Swift Textiles. According to that test, the Carmack Amendment should apply to the inland leg of carriage in the U.S. so long as the carriage was intended as a continuation of foreign commerce. It was so in K-Line. In a through bill of lading situation, this intent is clearly met, and the Supreme Court should have applied the Carmack to the inland loss in K-Line. The "intent test" in Swift should be applied regardless of whether a through bill of lading is issued.

This is a working copy of my draft, in a single article, which was eventually published later in two separate articles with the Journal of Maritime Law and Commerce (see citations indicated in my SelectWorks). It accordingly has a straight, continuous sequence in the footnotes, cross-referenced correctly. The articles also mentioned an Appendix containing prior versions of the Carmack Amendment and related statutory provisions for reference. This was apparently not previously published and so I include it here on my SelectWorks site for ease of accessability and reference.

Keywords
  • Intermodal Shipping,
  • Carmack,
  • K-Line,
  • Regal Beloit
Publication Date
2011
Citation Information
Patrick M Talbot. "How Swiftly the Carmack Amendment is Washed Away (Or Why J. Sotomayor Was Right in K-Line v. Regal Beloit, 130 S.Ct. 2433 (2010))" (2011)
Available at: http://works.bepress.com/patrick_talbot/5/