Kukje Hwajae Insurance Co. v. M/V Hyundai Liberty
Opinion
Opinion
Graber, J.
On Remand from the United States Supreme Court.
This case is before us for a second time. In our previous opinion, Kukje Hwajae Insurance Co. v. The M/V Hyundai Liberty, 294 F.3d 1171, 1179 (9th Cir.2002), we held:
Thereafter, the Supreme Court of the United States entered this order: “Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Norfolk Southern R. Co. v. James N. Kirby, 543 U.S.-, 125 S.Ct. 385 , 160 L.Ed.2d 283 (2004).” Green Fire & Marine Ins. Co. v. M/V Hyundai Liberty, — U.S.-, 125 S.Ct. 494 , 160 L.Ed.2d 368 (2004). In particular, the Supreme Gourt criticized our “agency” analysis with respect to the forum-selection clause. Norfolk Southern, 125 S.Ct. at 398-99 . As subsequent briefing has clarified, however, there is a completely separate, preserved, and properly argued route by which we reach the same answer to the first question, that is, the binding effect of the forum-selection clause. The second issue is not affected by the-Supreme Court’s decision in Norfolk Southern. We again affirm.