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KUKJE HWAJAE INS. CO., LTD. v. M/V HYUNDAI LIBERTY

Nos. 00-56970, 00-57049.

294 F.3d 1171 (2002)

KUKJE HWAJAE INSURANCE CO., LTD., a corporation, Plaintiff-Appellant/Cross-Appellee, v. The "M/V HYUNDAI LIBERTY," her Engines, Boilers, Tackle, etc., in rem, Defendant-Appellee/Cross-Appellant, and Glory Express, Inc., a business entity, in personam, Defendant-Appellee, Glory Express, Inc., a California Corporation, Third-Party Plaintiff-Appellee, v. Streamline Shippers Association, a California Corporation, Third-Party Defendant, and Hyundai Merchant Marine Co., Ltd., a business entity, Does 1-10 inclusive, Third-Party Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2002.

Attorney(s) appearing for the Case

Michael W. Lodwick, Haight Brown & Bonesteel LLP, Santa Ana, CA, for plaintiff-appellant/cross-appellee.

Christina L. Owen and Robert E. Coppola, Cogswell Nakazawa & Chang, Long Beach, CA, for defendant-appellee/cross-appellant.

Simon H. Langer, Beverly Hills, CA, for defendant/third-party plaintiff-appellee.

Before BEEZER, TASHIMA, and GRABER, Circuit Judges.

OPINION

GRABER, Circuit Judge.

This case requires us to answer two questions: (1) whether the owner of cargo, who contracted with an intermediary non-vessel operating common carrier (NVOCC) to arrange for the carriage of cargo on a ship, was bound by the forum-selection clause in the bill of lading issued by the ship's owner to the NVOCC, and (2) whether the NVOCC was entitled to take advantage of a statutory limitation of liability by having given the cargo...

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