U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Dismissal Based on Forum Selection Clause Affirmed, and Admiralty and Criminal Matters

Royal & Sun Alliance Ins., PLC v. Ocean World Lines, Inc., No. 08-4324, involved an action based on damage to a printing press shipped pursuant to a bill of lading.  The court of appeals affirmed partial summary judgment for defendant on the ground that the Supreme Court previously held that the Carmack Amendment "does not apply to a shipment originating overseas under a single through bill of lading," in Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., ___ S.Ct. ___ (2010).

S.K.I. Beer Corp. v. Baltika Brewery, No. 06-3501, concerned plaintiff's appeal from the district court's order granting defendant's motion to dismiss the complaint based upon a forum selection clause in the parties' written agreement.  The court of appeals affirmed on the ground that plaintiff failed to make a clear showing that enforcement of the parties' contractual forum selection clause was unreasonable, unjust, or invalid.

US v. Pickett, No. 09-0683, involved defendant's appeal from the district court's imposition of restitution more than ninety days after defendant's sentencing hearing, based on his conviction for access device fraud.  The court of appeals affirmed on the ground that the district court had the authority to order restitution pursuant to Dolan v. United States, ___ S. Ct. ___ (Jun. 14, 2010).

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