Bautista v. Star Cruises, Norwegian Cruise Line, Ltd
United States Court of Appeals for the Eleventh Circuit
396 F.3d 1289 (2005)
- Written by Mary Katherine Cunningham, JD
Facts
On May 25, 2003, a steam boiler exploded on a cruise ship docked in Miami Florida. The explosion on this ship owned by Star Cruises and Norwegian Cruise Line, Ltd. (NCL) (defendants) killed or injured 10 crewmembers, including Bautista (plaintiffs). The crewmembers filed lawsuits in Florida Circuit Court, alleging causes in negligence and causes under the Jones Act and general maritime law of the United States. NCL removed the cases to federal court under § 205 of the Federal Arbitration Agreement (FAA). In the district court, NCL filed a motion seeking to compel arbitration under the employment contracts the crewmembers signed in the Philippines between August 2002 and March 2003. The district court granted the motion to compel arbitration, and the crewmembers appealed to the Eleventh Circuit. On appeal, the crewmembers asserted that they were employed by NCL as seamen. The crewmembers argued that although the convention compels arbitration when two parties enter an agreement as party of a commercial relationship, § 1 of the Federal Arbitration Act (FAA) exempts their employment contracts from arbitration.
Rule of Law
Issue
Holding and Reasoning (Restani, C.J.)
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