Legal Opinion
New Moon Shipping Company, Limited and International Marine Investors and Management Corporation v. Man B & W Diesel Ag
Court of Appeals for the Second Circuit
Decided June 18, 1997No. 304, Docket 96-7289PublishedCited by 199 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
Plaintiffs ship owner and its agent brought suit in the United States District Court for the Southern District of New York (Griesa, C.J.) against defendant for breach of contract and negligent repair of a ship. Invoking a forum selection clause that made Germany the litigation forum, defendant moved to dismiss plaintiffs’ complaint. Relying on the pleadings, affidavits, and other papers before it, the district court granted the motion on the grounds that (1) the forum selection clause was incorporated by reference into a personnel contract and (2) a prior course of…
2Cases cited21 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
- Marine Midland Bank, N.A. v. James W. MillerCourt of Appeals for the Second Circuit · 1981
- Cutco Industries, Inc. v. Dennis E. NaughtonCourt of Appeals for the Second Circuit · 1986
- New Bedford Dry Dock Co. v. PurdySupreme Court of the United States · 1922
16 more not listed; retrieve them via the Exa API.
3Cited by199 opinions
- Phillips v. Audio Active Ltd.Court of Appeals for the Second Circuit · 2007
- Martinez v. Bloomberg LPCourt of Appeals for the Second Circuit · 2014
- Murphy v. Schneider National, Inc.Court of Appeals for the Ninth Circuit · 2004
- Magi XXI, Inc. v. Stato della Città del VaticanoCourt of Appeals for the Second Circuit · 2013
- Jonathan Barnett v. Dyncorp International, L.L.C.Court of Appeals for the Fifth Circuit · 2016
194 more not listed; retrieve them via the Exa API.