| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Jan 6 2003 |
Petition for writ of certiorari filed. (Response due February 7, 2003) |
| Feb 4 2003 |
Waiver of right of respondents James N. Kirby, Pty Ltd., dba Kirby Engineering, and Allianz Australia Limited to respond filed. |
| Feb 4 2003 |
Consent to the filing of amici briefs in support of either party or neither party received from counsel for the respondents, Kirby and MMI General Insurance. |
| Feb 4 2003 |
Consent to the filing of amicus briefs in support of either party received from counsel for the petitioner. |
| Feb 4 2003 |
DISTRIBUTED for Conference of February 21, 2003. |
| Feb 6 2003 |
Brief amicus curiae of Association of American Rairoads filed. |
| Feb 7 2003 |
Brief amicus curiae of Transportation Loss Prevention and Security Association filed. |
| Feb 19 2003 |
Response Requested . (Due March 21, 2003) |
| Mar 21 2003 |
Response to petition from respondents James N. Kirby, Pty Ltd., dba Kirby Engineering, and Allianz Australia Limited filed. |
| Apr 1 2003 |
Reply of petitioner Norfolk Southern Railway Company filed. |
| Apr 2 2003 |
REDISTRIBUTED for Conference of April 18, 2003. |
| Apr 21 2003 |
The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Nov 14 2003 |
Brief amicus curiae of United States filed. |
| Dec 10 2003 |
Supplemental brief of respondents James N. Kirby, Pty Ltd., dba Kirby Engineering, and Allianz Australia Limited filed. |
| Dec 10 2003 |
DISTRIBUTED for Conference of January 9, 2004. |
| Dec 15 2003 |
Supplemental brief of petitioner Norfolk Southern Railway Company filed. (Distributed) |
| Jan 9 2004 |
Petition GRANTED. |
| Jan 12 2004 |
Consent to the filing of amicus briefs in support of either party or neither party received from counsel for respondents, Kirby and MMI General Insurance. |
| Feb 5 2004 |
Consent to the filing of amicus briefs in support of either party received from counsel for the petitioner. |
| Feb 13 2004 |
Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including March 24, 2004. |
| Feb 13 2004 |
Extension of time within which to file respondent's brief on the merits to and including May 28, 2004. |
| Mar 22 2004 |
Brief amici curiae of American Steamship Owners Mutual Protection and Indemnity Association, Inc., et al. filed. |
| Mar 24 2004 |
Brief amicus curiae of United States filed. |
| Mar 24 2004 |
Joint appendix filed. |
| Mar 24 2004 |
Brief of petitioner Norfolk Southern Railway Company filed. |
| Mar 24 2004 |
Brief amicus curiae of National Association of Waterfront Employers filed. |
| Mar 24 2004 |
Brief amicus curiae of World Shipping Council filed. |
| Mar 24 2004 |
Brief amicus curiae of Transportation Loss Prevention and Security Association filed. |
| Mar 24 2004 |
Brief amicus curiae of Association of American Railroads filed. |
| Mar 24 2004 |
Brief amicus curiae of Air Transport Association of America, Inc. filed. |
| May 28 2004 |
Brief of respondents James N. Kirby, Pty Ltd., dba Kirby Engineering, and Allianz Australia Limited filed. |
| May 28 2004 |
Brief amicus curiae of Jan Ramberg filed. |
| May 28 2004 |
Brief amici curiae of Professors Francesco Berlingieri (Italy), et al. filed. |
| May 28 2004 |
Brief amicus curiae of Public Citizen, Inc. filed. |
| May 28 2004 |
Brief amici curiae of American Institute of Marine Underwriters, et al. filed. |
| May 28 2004 |
Brief amicus curiae of Transportation Intermediaries Association filed. |
| May 28 2004 |
Brief amicus curiae of Professor Martin Davies filed. |
| May 28 2004 |
Brief amici curiae of National Industrial Transportation League, et al. filed. |
| May 28 2004 |
Brief amicus curiae of International Cargo Loss Prevention, Inc. filed. |
| Jun 9 2004 |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Jun 28 2004 |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Jul 2 2004 |
Reply of petitioner Norfolk Southern Railway Company filed. |
| Jul 23 2004 |
CIRCULATED. |
| Aug 10 2004 |
Record received from U.S.D.C.- Northern District of Georgia. (1 box) |
| Aug 17 2004 |
Record received from U.S.C.A. - 11th Circuit. (1 envelope) |
| Aug 24 2004 |
SET FOR ARGUMENT Wednesday, October 6, 2004. |
| Sep 24 2004 |
The parties are directed to file supplemental briefs addressing the following question: “Does federal or state substantive law govern the questions presented?” The Acting Solicitor General is invited to file an amicus brief on the
same question. Briefs are to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, October 4, 2004. Twenty copies of the briefs prepared under Rule 33.2 may be filed initially in order to meet the October 4 filing date. Forty copies of the briefs prepared under Rule 33.1 are to be
filed as soon as possible thereafter.
|
| Oct 4 2004 |
Supplemental brief of petitioner Norfolk Southern Railway Company filed. (Distributed) |
| Oct 4 2004 |
Supplemental brief of respondents James N. Kirby, Pty Ltd., dba Kirby Engineering, and Allianz Australia Limited filed. (Distributed) TBP |
| Oct 4 2004 |
Supplemental brief of United States filed. (Distributed) |
| Oct 6 2004 |
Argued. For petitioner: Carter G. Phillips, Washington, D.C.; and on behalf of the United States, as amicus curiae, Thomas G. Hungar, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondents: David C. Frederick, Washington, D.C. |
| Nov 9 2004 |
Judgment REVERSED and case REMANDED O'Connor, J., delivered the opinion for a unanimous Court. |
| Dec 10 2004 |
JUDGMENT REVERSED. |
| Jan 24 2005 |
Record returned to U.S.C.A. - 11th Circuit. |