Asignacion v. Rickmers Genoa Schiffahrts

2014 AMC 713 (2014)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Asignacion v. Rickmers Genoa Schiffahrts

United States District Court for the Eastern District of Louisiana
2014 AMC 713 (2014)

Facts

Lito Martinez Asignacion (plaintiff) was a Filipino seaman working on a vessel owned by Rickmers Genoa Schiffahrts (Rickmers) (defendant), a German corporation. Asignacion and Rickmers had entered into a standard maritime-employment contract under Philippine law that specified that any disputes or claims arising from Asignacion’s employment would be resolved through arbitration in the Philippines. Asignacion was burned and severely injured while working in the engine room of the vessel when it was docked in the port of New Orleans. Asignacion filed suit in state court against Rickmers under maritime law. Rickmers filed an exception to the suit seeking to enforce the arbitration clause in the employment contract. The court granted the exception, stayed Asignacion’s litigation, and ordered arbitration to proceed in the Philippines. The Philippine arbitration panel held that United States law should not apply and that Asignacion was only entitled to benefits of $1,870 based on his level of disability. Asignacion filed a motion asking that the arbitration award be set aside as against United States public policy. Rickmers removed the action to federal district court and filed a motion to enforce the arbitration award.

Rule of Law

Issue

Holding and Reasoning (Zainey, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 747,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 747,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 747,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership