Legal Opinion

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

Court of Appeals for the Ninth Circuit

Decided February 17, 2009No. 06-56831PublishedCited by 8 opinions

1Opinion of the Court

ORDER

The opinion filed February 4, 2009 is withdrawn.

OPINION

FISHER, Circuit Judge:

This case requires us to determine which federal statute governs “a maritime case about a train wreck,” where the parties’ agreement for carriage of goods from China into the United States by sea and then by rail included a Tokyo forum selection clause that would violate one federal law, but would be enforceable under another. See Norfolk S. Ry. Co. v. Kirby, 543 U.S. 14, 18, 125 S.Ct. 385, 160 L.Ed.2d 283 (2004). Regal-Beloit and several other named plaintiffs contracted with defendant Kawasaki Risen Kaisha,…

2Cases cited34 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd.Supreme Court of the United States · 2004
  3. United States v. Michael JohnsonCourt of Appeals for the Ninth Circuit · 2001
  4. UNITED STATES of America, Plaintiff-Appellee, v. Leaburn ALEXANDER, Jr., Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  5. Jesse Acosta-Huerta v. Wayne Estelle, Warden, California Men's ColonyCourt of Appeals for the Ninth Circuit · 1992

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3Cited by8 opinions

  1. Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp.Supreme Court of the United States · 2010
  2. Smallwood v. Allied Van Lines, Inc.Court of Appeals for the Ninth Circuit · 2011
  3. Chartis Seguros Mexico, S.A. de C.V. v. HLI Rail & Rigging, LLCDistrict Court, S.D. New York · 2014
  4. Federal Insurance Company v. Union Pacific Railroad CompanyCourt of Appeals for the Ninth Circuit · 2011
  5. Certain Underwriters at Lloyd's v. CSX Transportation, Inc.District Court, S.D. Illinois · 2022

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