Huff-Berry v. Royal Caribbean Cruises Ltd.
United States District Court for the District of New Jersey
2020 WL 502492 (2020)
- Written by Jamie Milne, JD
Facts
When New Jersey resident Sherry La Huff-Berry (plaintiff) purchased a ticket for a cruise operated by Royal Caribbean Cruises Ltd. (Royal) (defendant), she received an electronic ticket contract. It contained a forum-selection clause stating that any disputes were to be litigated in the United States District Court for the Southern District of Florida, located in Miami. Although Royal was a Danish corporation, Miami was its principal place of business. As required, Huff-Berry signed the ticket contract before boarding her cruise. While cruising, Huff-Berry injured her knee, prompting her to sue Royal for negligence. She filed the suit in the United States District Court for the District of New Jersey. Royal moved to transfer the case to the Southern District of Florida per the forum-selection clause, but Huff-Berry argued that the clause should not be enforced because she did not see it until after purchasing her ticket and her ongoing medical condition made travel an undue burden. The New Jersey district court considered the parties’ arguments.
Rule of Law
Issue
Holding and Reasoning (Cecchi, J.)
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