United States Ninth Circuit

In an appeal from a judgment of the district court denying defendant's motion to compel arbitration of an action arising from the accidental shipment of ammunition and firearms to the UAE, judgment is affirmed where the parties' arbitration clause is unenforceable under the Carmack Amendment because it contravenes a shipper’s right to select his forum after the dispute arises.

Appellate Information

• Decided 10/18/2011
• Published 10/18/2011

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael A. Hession, Michelle D. Douglas