United States v. 2010-08-31 | 06-56831 | REGAL-BELOIT CORP. V. KAWASAKI KISEN KAISH | precedential |…

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 REGAL-BELOIT CORPORATION;
VICTORY FIREWORKS, INC.; PICC
PROPERTY & CASUALTY COMPANY
LIMITED SHANGHAI BRANCH; ROYAL
No. 06-56831 & SUN ALLIANCE INSURANCE CO.
LTD., D.C. No.
 Plaintiffs-Appellants, CV-06-03016-DSF
v. ORDER
KAWASAKI KISEN KAISHA LTD.; K-
LINE AMERICA, INC.; UNION PACIFIC
RAILROAD COMPANY,
Defendants-Appellees. 
On Remand from the United States Supreme Court
Filed August 31, 2010
Before: Stephen S. Trott, Sidney R. Thomas and
Raymond C. Fisher, Circuit Judges.
ORDER
In light of the Supreme Court’s decision in Kawasaki Kisen
Kaisha Ltd. v. Regal-Beloit Corp., 130 S. Ct. 2433 (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.
13031

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Defendants-appellees are entitled to costs, as well as recov-
ery of costs previously paid to plaintiffs-appellants.
AFFIRMED.
13032 REGAL-BELOIT CORP. v. KAWASAKI

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