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

No. 00-56970.

408 F.3d 1250 (2005)

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.

May 26, 2005.

Attorney(s) appearing for the Case

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

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

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

Before BEEZER, TASHIMA, and GRABER, Circuit Judges.

GRABER, Circuit Judge.

This case is before us for a second time.1 In our previous opinion, Kukje Hwajae Insurance Co. v. The M/V Hyundai Liberty, 294 F.3d 1171, 1179 (9th Cir.2002), we held:

With respect to the in rem action: The forum-selection clause in the Hyundai bill of lading is enforceable against Plaintiff. As a result, the district court...

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