United States Ninth Circuit

An owner of cargo, who contracted with an intermediary non-vessel operating common carrier (NVOCC) to arrange for carriage, was bound by a forum-selection clause in a bill of lading issued by the ship's owner to the NVOCC; the NVOCC could limit its liability under the Carriage of Goods by Sea Act's "fair opportunity" provision.

Appellate Information

• Argued 02/13/2002
• Decided 06/26/2002
• Published 06/26/2002

Judges

• Before BEEZER, TASHIMA, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael W. Lodwick,Haight Brown & Bonesteel LLP, Santa Ana, CA, for plaintiff-appellant/cross-appellee., Christina L. Owen and Robert E. Coppola, Cogswell Nakazawa & Chang, Long Beach, CA, for defendant-appellee/cross-appellant., Simon H. Langer, Beverly Hills, CA, for defendant/third-party plaintiff-appellee.