Victor Allan Clark v. Celebrity Cruises, Inc., et al.
Arbitration Privacy Jurisdiction JusticiabilityDoctri
Does the Jones Act render void a foreign forum selection clause in a Seaman's employment contract?
QUESTIONS PRESENTED L Does the Jones Act, 46 U.S.C. §§ 30104, 30509 (adopting by reference 45 U.S.C. §§ 55, 56) render void a foreign forum selection clause in a Seaman’s employment contract which calls for him to provide labor to a business incorporated in Michigan as a crewmember aboard ships carrying passengers to and from ports of the United States? I. Do the substantive contract principals of the general maritime law allow the owners of those ships (both headquartered in Florida) to enforce a forum selection clause in a Seaman’s employment contract as a “Third Party Beneficiaries” when they are not parties to or named in the contract? ral PARTIES Petitioner Victor Allan Clark is seaman who suffered injury twice while working as a crewmember aboard Respondent’s ships. As Plaintiff and Appellant in courts of the State of Florida, he sought personal injury damages caused by Respondent’s negligence, failure to provide seaworthy vessels and failure to provide maintenance & cure under the general maritime law. Respondents Celebrity Cruises, Inc. (“Celebrity”) and Royal Caribbean Cruises Ltd. (“RCCL”) own(ed) the ships on which Mr. Clark suffered his injuries. They are both publicly traded foreign corporations having a joint principal place of business in Miami, Florida. RCCL owns 100% of Celebrity. As Defendants and Appellees in the Florida state court proceedings, they obtained and successfully defended dismissal of Mr. Clark’s case on the basis of a forum selection clause in a contract to which they were neither parties, named entities nor intended beneficiaries. Mr. Clark here seeks certiorari review of the orders of Florida’s appellate courts which allowed that dismissal to stand.