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Notice of Plaintiffs’ Petition for Writ of Certiorari in the US Supreme Court regarding Lawsuits to claim damages against Nippon Yusen Kabushiki Kaisha (Progress of Matters to be Disclosed)

As disclosed in the “Notice of Another Judgement to Dismiss Appeal regarding Lawsuits to claim damages against Nippon Yusen Kabushiki Kaisha (Progress of Matters to be Disclosed)” dated August 18, 2022, the United States Court of Appeals for the Fifth Circuit (the “Court of Appeals”) has once again issued judgements to dismiss the appeals by the plaintiffs in the first instance after the rehearing of the lawsuits to claim damages against the Company as set out in paragraph 2 below.

We hereby inform you that the plaintiffs in the first instance have now filed the Petition for Writ of Certiorari in the United States Supreme Court as indicated below.

1. Court in which the Petition has been filed and its Date

(1) Court: The United States Supreme Court

(2) Date: December 14, 2022 (U.S. local time)

2. Cause of and Background to the Petition

On June 17, 2017, about 1:30 (Japan Standard Time), ACX Crystal, a containership chartered by the Company, was involved in a collision with the U.S. Navy destroyer USS Fitzgerald 20 kilometers off the coast of Shimoda, Shizuoka prefecture, Japan. Seven of the Fitzgerald’s crew members died in the incident. Bereaved family members of the deceased (indicated in 3.(1) below) and 62 persons (crew members who claim to have been injured in the accident and their spouses, indicated in 3.(2) below; the number of persons is the number after increase by the amended complaints in the first instance procedure)(collectively the “plaintiffs in the first instance”) are claiming that the Company is liable for damages to the victims of the accident and have filed lawsuits for damages in the United States District Court for the Eastern District of Louisiana on November 18, 2019 (the “lawsuits”). They were dismissed on June 4, 2020. The plaintiffs in the first instance filed appeals to the Court of Appeals. They were first dismissed on April 30, 2021 and once again dismissed on August 16, 2022 after rehearing by the Court of Appeals. The plaintiffs in the first instance have thus filed petition for Writ of Certiorari in the United States Supreme Court

3. Names and Addresses of Persons Filing Petition

The lawsuits were divided into two groups of plaintiffs in the first instance as indicated below. The petition has been filed by both plaintiffs.

(1) Names: Stephen Douglass and six others; Addresses: Oceanside, CA, USA, etc.

(2) Names: Jhon Alcide and 61 others; Addresses: Laurelton, NY, USA, etc

4. Contents of the lawsuits in respect of which Petition is filed (Claimed amount)

(1) Contents of the lawsuits in respect of which Petition is filed See paragraph 2. above.

(2) Claimed amount for damages

Total 308 million U.S. dollars, together with interest and expenses, etc.

(Breakdown) Lawsuit in 3. (1) above: 70 million U.S. dollars, together with interest and expenses, etc.

Lawsuit in 3. (2) above: 238 million U.S. dollars, together with interest and expenses, etc.
Source: Nippon Yusen Kabushiki Kaisha

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