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Salis v. American Export Lines

Citation: 331 F. App'x 811Docket: No. 08-2678-cv

Court: Court of Appeals for the Second Circuit; June 2, 2009; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by a plaintiff against the district court's judgment favoring Hoegh Autoliners, Inc. and American Export Lines (AEL) in a dispute concerning the shipment of a camper. The primary legal issue centers on the enforceability of a forum selection clause within a bill of lading, governed by the Carriage of Goods by Sea Act (COGSA), mandating that disputes be resolved in Oslo, Norway. The court found this clause enforceable and dismissed the claims against Hoegh. In contrast, the claims against AEL were dismissed due to the plaintiff's failure to meet the diversity jurisdiction requirement, as the amount in controversy was insufficient. The district court's partial summary judgment in favor of AEL was vacated due to a lack of jurisdiction, allowing for potential resolution in state court. Additionally, the plaintiff forfeited claims related to discovery issues by not filing the necessary affidavit. The appellate court partially affirmed and partially vacated the district court's judgment, underscoring the importance of jurisdictional thresholds and procedural compliance in federal claims.

Legal Issues Addressed

Enforceability of Forum Selection Clause

Application: The forum selection clause in the standardized bill of lading was found to be effectively communicated and enforceable, mandating dispute resolution in Oslo City Court under Norwegian law.

Reasoning: Salis had multiple transactions with the defendants and was familiar with Hoegh’s standardized bills of lading, which included a forum selection clause mandating that disputes be resolved in Oslo City Court, Norway, under Norwegian law.

Forfeiture of Claims Due to Procedural Failings

Application: Salis forfeited claims regarding discovery requests by failing to file the appropriate affidavit.

Reasoning: Salis's claims regarding AEL and Hoegh’s failure to respond to discovery requests were forfeited due to his failure to file the appropriate affidavit.

Partial Summary Judgment and Lack of Jurisdiction

Application: Partial summary judgment for AEL was vacated due to the district court's lack of jurisdiction, leaving the matter for state court resolution.

Reasoning: Although the district court granted partial summary judgment in favor of AEL on this issue, this was vacated, leaving the matter for state court resolution if Salis chooses to pursue it there.

Summary Judgment Based on Forum Selection Clause

Application: The district court's summary judgment in favor of Hoegh Autoliners, Inc. was upheld due to the enforceability of the forum selection clause.

Reasoning: Consequently, the district court was justified in dismissing claims against Hoegh based on this clause.

Supplemental Jurisdiction and Original Jurisdiction Requirements

Application: The district court refused to exercise supplemental jurisdiction over claims against AEL due to the lack of original jurisdiction, as Salis did not meet the diversity jurisdiction requirement.

Reasoning: Salis failed to meet the diversity jurisdiction requirement of over $75,000. The district court determined AEL’s potential liability was below this threshold.