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Lindo v. NCL (Bahamas), Ltd.

652 F.3d 1257 (2011)

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Lindo v. NCL (Bahamas), Ltd.

United States Court of Appeals for the Eleventh Circuit
652 F.3d 1257 (2011)

EP

Facts

Harold Leonel Pineda Lindo (plaintiff), a Nicaraguan citizen, was employed by NCL (Bahamas), Ltd. (NCL) as a cruise-ship crewmember. NCL was incorporated in Bermuda and based in Miami, Florida. While in the Bahamas, Lindo injured his back in the course and scope of his employment. Lindo’s employment contract, negotiated on his behalf by the union, stated that Jones Act claims were subject to arbitration in the country in which the employee was a citizen and were to be decided under the law of the flag state of the cruise ship. Lindo filed a lawsuit in Florida state court, asserting a Jones Act claim related to his injury. NCL removed the case to federal court and moved to dismiss the complaint and to compel arbitration under the agreement. Lindo sought remand of the case back to state court and argued that the employment contract was unconscionable and void because it caused him to waive his Jones Act claim, which was not recognized under Bahamian law. Lindo argued that the contract violated public policy, that it was unconscionable, and that the New York Convention (convention) did not apply to enforce the arbitration agreement. The United States district court granted NCL’s motion to compel arbitration in Nicaragua under Bahamian law and denied Lindo’s request for remand to state court.

Rule of Law

Issue

Holding and Reasoning (Hull, J.)

Dissent (Barkett, J.)

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