U.S. Court of Appeals for the Ninth Circuit, 2010

Regal-Beloit Corp. v. Kawasaki Kisen Kaisha Ltd.

U.S. Court of Appeals for the Ninth Circuit · Decided August 31, 2010 · Trott, Thomas, Fisher

620 F.3d 1167; 2012 A.M.C. 1199; 2010 U.S. App. LEXIS 18166; 2010 WL 3398149 (Federal Reporter, Third Series)

Counsel

Dennis A. Cammarano, Esquire, Cammarano & Sirna, LLP, Long Beach, CA, for Plaintiffs-Appellants., Alan Nakazawa, Esquire, Cogswell Nakazawa & Chang, LLP, Long Beach, CA, Leslie G. McMurray, Esquire, Law Offices of Leslie G. McMurray, Valley Village, CA, for Defendants-Appellees.

Cases that cite this one

1 later published case cites this decision.

Maersk Line A/S v. Carew (District Court, S.D. New York 2022)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

In light of the Supreme Court’s decision in Kawasaki Kisen Kaisha Ltd. v. Regah-Beloit Corp., - U.S. -, 130 S.Ct. 2433, 177 L.Ed.2d 424 (2010), the parties’ agreements are governed by the Carriage of Goods by Sea Act (“COGSA”), 46 U.S.C. § 30701 note, rather than by the Carmack Amendment, 49 U.S.C. § 11706. See Kawasaki Kisen Kaisha, 130 S.Ct. at 2449. Therefore the parties are bound by the Tokyo forum selection clause contained in the bills of lading. The decision of the district court dismissing the instant case is affirmed.

Defendants-appellees are entitled to costs, as well as recovery of costs previously paid to plaintiffs-appellants.

AFFIRMED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.