Regal-Beloit Corporation v. Kawasaki Kisen Kaisha Ltd.

FILED

FOR PUBLICATION FEB 17 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

REGAL-BELOIT CORPORATION; No. 06-56831

VICTORY FIREWORKS, INC.; PICC

PROPERTY & CASUALTY COMPANY D.C. No. CV-06-03016-DSF

LIMITED SHANGHAI BRANCH;

ROYAL SUN ALLIANCE INSURANCE

CO. LTD., OPINION

Plaintiffs - Appellants,

v.

KAWASAKI KISEN KAISHA LTD.; K-

LINE AMERICA, INC.; UNION

PACIFIC RAILROAD COMPANY,

Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding

Argued and Submitted June 1, 2008 Pasadena, California

Filed

Before: Stephen Trott, Sidney R. Thomas and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Fisher

RAYMOND C. FISHER, Circuit Judge: This case requires us to determine which federal statute governs “a maritime

case about a train wreck,” where the parties’ agreement for carriage of goods from

China into the United States by sea and then by rail included a Tokyo forum

selection clause that…