AIG Mexico Seguros Interamericana, S.A. v. M/V Zapoteca, 012513 FED2, 12-1048-cv
|Party Name:||AIG MEXICO SEGUROS INTERAMERICANA, S.A. de C.V., Plaintiff-Appellant, v. M/V ZAPOTECA, her engines, tackle, boiler, etc., ZAPOTECA SHIPPING CO. LTD., INTERORIENT NAVIGATION CO., LTD., Defendants-Appellees.|
|Attorney:||For Plaintiff-Appellant: Keith B. Dalen (Thomas E. Willoughby, on the brief), Hill Rivkins LLP, New York, N.Y. For Defendants-Appellees: Garth S. Wolfson (Edward A. Keane, on the brief), Mahoney & Keane, LLP, New York, N.Y.|
|Judge Panel:||Present: AMALYA L. KEARSE, ROBERT A. KATZMANN, Circuit Judges, JED S. RAKOFF District Judge.|
|Case Date:||January 25, 2013|
|Court:||United States Courts of Appeals, Court of Appeals for the Second Circuit|
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall Courthouse, 40 Foley Square, in the City of New York, on the 25th day of January, two thousand thirteen.
Appeal from the United States District Court for the Southern District of New York (Preska, C.J.).
ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and hereby is AFFIRMED.
Plaintiff-Appellant AIG Mexico Seguros Interamericana, S.A. de C.V. ("AIG Mexico") appeals from a February 16, 2012 judgment of the United States District Court for the Southern District of New York (Preska, C.J.), which dismissed AIG Mexico's maritime claims against the M/V Zapoteca, Zapoteca Shipping Co. Ltd., and Interorient Navigation Co., Ltd. (collectively, "the defendants"). AIG Mexico argues that the district court erred when it enforced the forum selection clause in the parties' signed, original bill of lading despite the fact that an unsigned, non-negotiable copy of a bill of lading (the "other version") apparently specified a different forum. We assume the parties' familiarity with the relevant facts, the procedural history, and the issues presented for...
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