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INGRAM BARGE COMPANY, LLC v. ZEN-NOH GRAIN CORP.

No. 20-5514.

3 F.4th 275 (2021)

INGRAM BARGE COMPANY, LLC, Plaintiff-Appellant, v. ZEN-NOH GRAIN CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 28, 2021.

Attorney(s) appearing for the Case

ON BRIEF: David Reisman , Raymond T. Waid , Kathryn Z. Gonski , Trinity Morale , LISKOW & LEWIS, New Orleans, Louisiana, W. Brantley Phillips, Jr. , BASS, BERRY & SIMS PLC, Nashville, Tennessee, for Appellant. Jason P. Waguespack , Fredric B. Eisenstat , GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH, New Orleans, Louisiana, Kenneth M. Bryant , BURR & FORMAN LLP, Nashville, Tennessee, for Appellee.

SILER, J., delivered the opinion of the court in which STRANCH, J., joined. WHITE, J. (pp. 7-11), delivered a separate dissenting opinion.

OPINION

Typically, only parties to a contract are bound to its terms. This case is no exception. Zen-Noh Grain Corporation was neither a party to nor consented to Ingram Barge Company's contract for the transportation of goods (a bill of lading) and thus is not bound to the contract's forum selection clause. Therefore...

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