United States Ninth Circuit

In an action based on defendants' shipping of defective products, summary judgment for plaintiff is affirmed where: 1) defendants were not "shippers" entitled to the protection of section 1304(3) of the Carriage of Goods by Sea Act (COGSA); and 2) the bill of lading at issue did not violate COGSA. However, the district court's denial of plaintiff's motion for attorney's fees is reversed where plaintiff did not waive the right to contend that Singapore law governed the bill of lading.

Appellate Information

• Argued 03/12/2009
• Decided 09/21/2009
• Published 09/21/2009

Judges

• Before J. CLIFFORD WALLACE, SIDNEY R. THOMAS and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles S. Donovan, Amy B. Norris, Brenna E. Moorhead and Timothy C. Perry, Sheppard, Mullin, Richter & Hampton LLP, San Francisco, CA, for APL Co. Pte. Ltd.


• For Appellees:
  
• Marilyn Raia and Norman J. Ronneberg Jr., Bullivant Houser Bailey PC, San Francisco, CA, for Valley Forge Insurance Company, defendant-intervenor for U.G. Co. Inc. and Kamdar Global LLC.