Salis v. American Export Lines, 060209 FED2, 08-2678-cv

Docket Nº:08-2678-cv
Party Name:Olabisi Salis, Plaintiff-Appellant, v. American Export Lines, Defendant-Cross-Claimant-Cross-Defendant-Appellee, Hoegh Autoliners, Inc., Defendant-Cross-Defendant-Cross-Claimant-Appellee.
Attorney:For Appellant: Owolabi Salis, Salis and Associates, P.C., New York, New York. For Appellee American Export Lines: Joseph DeMay, Jr., Cichanowicz, Callan, Keane, Vengrow & Textor, LLP, New York, New York. For Appellee Hoegh Autoliners, Inc.: Garth S. Wolfson, Mahoney & Keane, LLP, New York,
Judge Panel:PRESENT: HON. CHESTER J. STRAUB, HON. PETER W. HALL, HON. DEBRA ANN LIVINGSTON, Circuit Judges.
Case Date:June 02, 2009
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Olabisi Salis, Plaintiff-Appellant,

v.

American Export Lines, Defendant-Cross-Claimant-Cross-Defendant-Appellee,

Hoegh Autoliners, Inc., Defendant-Cross-Defendant-Cross-Claimant-Appellee.

No. 08-2678-cv

United States Court of Appeals, Second Circuit

June 2, 2009

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO SUMMARY ORDERS FILED AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY THIS COURT'S LOCAL RULE 32.1 AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. IN A BRIEF OR OTHER PAPER IN WHICH A LITIGANT CITES A SUMMARY ORDER, IN EACH PARAGRAPH IN WHICH A CITATION APPEARS, AT LEAST ONE CITATION MUST EITHER BE TO THE FEDERAL APPENDIX OR BE ACCOMPANIED BY THE NOTATION: "(SUMMARY ORDER)." UNLESS THE SUMMARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE WHICH IS PUBLICLY ACCESSIBLE WITHOUT PAYMENT OF FEE (SUCH AS THE DATABASE AVAILABLE AT http://www.ca2.uscourts.gov/), THE PARTY CITING THE SUMMARY ORDER MUST FILE AND SERVE A COPY OF THAT SUMMARY ORDER TOGETHER WITH THE PAPER IN WHICH THE SUM M ARY ORDER IS CITED. IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE ORDER ON SUCH A DATABASE, THE CITATION MUST INCLUDE REFERENCE TO THAT DATABASE AND THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 2nd day of June, two thousand nine.

Appeal from a judgment of the United States District Court for the Southern District of New York (Marrero, Judge), granting summary judgment to the defendants.

For Appellant: Owolabi Salis, Salis and Associates, P.C., New York, New York.

For Appellee American Export Lines: Joseph DeMay, Jr., Cichanowicz, Callan, Keane, Vengrow & Textor, LLP, New York, New York.

For Appellee Hoegh Autoliners, Inc.: Garth S. Wolfson, Mahoney & Keane, LLP, New York,

PRESENT: HON. CHESTER J. STRAUB, HON. PETER W. HALL, HON. DEBRA ANN LIVINGSTON, Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED in part and AFFIRMED in part.

Shipper Olabisi Salis ("Salis") appeals from the May 12, 2008 judgment of the district court that: (i) granted summary judgment to Hoegh Autoliners, Inc. ("Hoegh"), an ocean carrier, based on the forum selection clause in the bill of lading; (ii) granted partial summary judgment to American Export Lines ("AEL"), a...

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