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

620 F.3d 1167, 2012 A.M.C. 1199, 2010 U.S. App. LEXIS 18166, 2010 WL 3398149

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.