Friday, February 06, 2009

Regal-Beloit Corp. v. Kawasaki Kisen Kaisha Ltd (9th Cir. - Feb. 4, 2009)

A train derails in Tyrone, Oklahoma, resulting in alleged damage to the cargo. What law applies to any dispute (including the relevant choice of forum) arising therefrom?

Let's see. Train. Derailed. Oklahoma. Hmmm. Let's make an educated guess. . . .

Wrong. Not even close.

The correct answer: Admiralty law.


Now, admittedly, I could have given a couple more relevant facts to hint at the right answer, at least in this particular case. But regardless of the facts, if you've have told me that there was a train wreck in Oklahoma and asked me to guess what law applied, the word "admiralty" would have come out of my mouth, I imagine, on the ten thousanth or so guess.

So cool. You learn something new every day.