In an action based on defendants' shipping of defective products, summary judgment for plaintiff is affirmed where: 1) defendants were not "shippers" entitled to the protection of section 1304(3) of the Carriage of Goods by Sea Act (COGSA); and 2) the bill of lading at issue did not violate COGSA. However, the district court's denial of plaintiff's motion for attorney's fees is reversed where plaintiff did not waive the right to contend that Singapore law governed the bill of lading.
Argued and Submitted March 12, 2009
Filed September 21, 2009
Opinion by Judge Wallace
Marilyn Raia, Bullivant Houser Bailey PC, San Francisco, CA
Norman J. Ronneberg Jr., Bullivant Houser Bailey PC, San Francisco, CA
Charles S. Donovan, Sheppard, Mullin, Richter & Hampton LLP, San Francisco, CA
Amy B. Norris, Sheppard, Mullin, Richter & Hampton LLP, San Francisco, CA