The paper carnival cruise lines v shute et vir case is a brilliant example of a case study on law. The issue is whether or not the forum selection clause is enforceable, as contained in the passage contract ticket of carnival cruise lines. Last term, the supreme court in carnival cruise lines, inc. Dec 22, 2017 in this admiralty case we primarily consider whether the united states court of appeals for the ninth circuit correctly refused to enforce a forumselection clause contained in tickets issued by petitioner carnival cruise lines, inc. Shute handily wins the honor as the worst nonobvious, nonconstitutional supreme court decision ever. Burke university of florida abstract the purpose of this project was to conduct a qualitative study examining the litigation process of u. Civil procedure 109 consent as a substitute for power carnival cruise lines, inc. Shute3 upheld the validity of the clause, requiring mrs. Shute forum selection clauses in maritime contracts. From gaming lessons for beginners to establishing credit lines and betting. Shute was injured while on the cruise off the coast of mexico, brought suit against carnival, but carnival had a clause in their tickets that all litigation would be handled in floridathere principal place of business. The plaintiff had made reservations through a massachusetts travel.
Forum selection clauses carnival cruise lines, inc. She brought a personal injury claim in washington, where she was a resident. Certiorari to the united states court of appeals for the ninth circuit 586 richard k. Carnival cruise lines v shute et vir case study example. Carnival s contacts with the state of washington are insufficient to support an exercise of general jurisdiction.
Carnival cruise lines united states district court, n. After the respondents shute, a washington state couple, purchased passage on a ship owned by petitioner, a floridabased cruise line, petitioner sent them tickets containing a clause designating courts in florida as the agreedupon fora for the resolution of disputes. Carnival cruise line is an international cruise line with headquarters in doral, florida. Forumselection clauses forcing individuals to agree to submit to jurisdiction in a particular place are enforceable so long as they pass the test for judicial fairness. One of the many benefits of booking excursions through carnival is a guarantee that the ship will remain in port. Consistent with this task and guidelines, this essay suggest that hands down incontestably, carnival cruise lines, inc. Lower court united states court of appeals for the ninth circuit. The shutes had purchased carnival cruise tickets in washington through a travel agent. Shute,6 forum clauses are not without their inadequacies.
Carnival cruise deals and cruise packages to the most popular destinations. Share with the friend who loves the view from the main atrium. The defendantappellee, carnival cruise lines, is a panamanian. The nevada law journal is a legal scholarship publication run by unlv law school students, dedicated to providing law and policy analysis. Book an eligible stateroom on any qualifying sailing and receive a free upgrade. Forumselection clauses and the privitization of procedure. She and her husband then sued the carnival cruise line, alleging negligence by carnival s employees and seeking damages for her. The contract which was attached to the ticket stated that the forum for litigation would be florida.
The titanic of worst decisions, nevada law journal. In this admiralty case we primarily consider whether the united states court of appeals for the ninth circuit correctly refused to enforce a forumselection clause contained in tickets issued by petitioner carnival cruise lines, inc. She and her husband then sued the carnival cruise line, alleging. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The plaintiffs, eulala and russel shute, were passengers on a cruise ship operated by the defendant. Business law exam 1 auburn university cochran flashcards. Forumselection clauses forcing individuals to agree to submit to jurisdiction in a particular place. That ticket form, which consisted of three pages of smallish print, had been sent to the shutes after they made their reservations and paid the fare. Plaintiffs eulala and russell shute appeal the district courts decision to grant the. Illinois, eastern division 24 jan, 2001 24 jan, 2001. Ports on june 24 by daniel mccarthy april 12, 2019 the court is alleging carnival corp. Its logo is the funnel like the funnels found on its ships, with red, white, and blue colors. All shore excursions sold through carnival are coordinated with reputable tour operators and include all of the most popular sites of interest. Find great deals and specials on caribbean, the bahamas, alaska, and mexico cruises.
Start studying business law exam 1 auburn university cochran. According to the us supreme courts decision in the case, carnival cruise lines, inc. Carnivals shore excursion program carnival cruise lines. Uncertainty requires an indepth inquiry into forumselection clause enforceability issues, 17 brooklyn j. The respondents, the shutes, was a couple from the state of washington that purchased cruise tickets through a local travel agent for a 7day cruise on the petitioners ship, the tropicale. The washington supreme court, in turn, held that jurisdiction over defendant existed under washingtons long arm statute, see shute v. However, any criticism that the test reaches too far is answered by the federal courts tempering of its but for test with an additional.
Carnival, is a panamanian corporation with its principal place of business in florida. Shute, live in the state of washington and they had purchased passage for a pleasure cruise on a ship owned by the petitioner, carnival cruise lines. A qualitative study of victimization and legal issues relevant to cruise ships caitlin e. Carnival splendor cruise ship details dream vacations. Shute slipped and fell on a deck mat on a carnival cruise ship off the coast of mexico. Shute located in the cheeseman textbook on page 58 assume your readers know the facts of the case and are only seeking your opinions on whether or not ticket contracts and ticket stubs are fair to the consumer. The terms and conditions in dickson productions website. Not only is the decision profoundly anticonsumer, but it bears no conceivable relationship to the way real people live. Appellants eulala and russel shute are washington residents who purchased ocean cruise fares from carnival through a snohomish county travel agency in march 1986. I agree that interconnect gmbh, as general representative of carnival cruise line, may save and use my data for sending newsletters.
Knapp being no expert in the niceties of constitutional law, my first impulse was to decline the invitation to take part in this symposium devoted to decisions of the united states supreme court. May 17, 2004 this is so when the agreement concerns venue within a judicial system, see carnival cruise lines, inc. Legal issues relevant to cruise ships cruise research. Shute attached and be ready to discuss same during the first class session. Participating in a shore excursion is the best way to ensure our guests get the most out of their visit to each portofcall. Visit dream vacations today to book your next cruise.
Shute, carnival and other cruise lines have discretion to litigate in florida because the corporation is headquartered and operates there. Mullenix hands down incontestably, carnival cruise lines, inc. The entire wikipedia with video and photo galleries for each article. Justia blawg search law blogs, lawyer blogs, legal blogs. Knapp being no expert in the niceties of constitutional law, my first impulse was to decline the invitation to take part in this symposium devoted to decisions of. Carnival cruise lines inc v shute brief free downloads, list 1 download carnival cruise lines inc v shute brief software. Shutes o assented to the provisions of the contract of the forumselection. The validity of the terms of a contract for a cruise turn on federal principles of maritime law see carnival cruise lines, inc. The united states district court for the western district of washington defendant ant justice blackmun v.
Carnivals great vacation guarantee were 100% certain youre going to have a great time. The agent then forwarded the money to florida where carnival was based. A summary and case brief of carnival cruise lines, inc. Federal court to decide on blocking carnival ships from u. Carnival cruise injury claim miami boat accident lawyer. Jun 07, 20 shute was injured while on the cruise off the coast of mexico, brought suit against carnival, but carnival had a clause in their tickets that all litigation would be handled in floridathere principal place of business. Carnival s shore excursion program visiting our exotic ports of call is half the fun of going on a fun ship cruise and we offer optional shore excursions at every port. Apr 12, 2019 federal court to decide on blocking carnival ships from u.
Carnival argues that plaintiffs tickets contain a florida selection clause the enforceability of which was recently upheld by the supreme court in carnival cruise lines, inc. Order the judgment of the district court is affirmed for the reasons set forth in carnival cruise lines inc. After the respondents shute, a washington state couple, purchased passage on a ship owned by petitioner, a floridabased cruise line, petitioner sent them tickets containing a clause designating courts in florida as the. Upon her return home, shute filed suit in the united states district court for the western district of washington. The ticket that she had purchased contained a passenger contract with a forum selection clause, providing that florida would be the forum for any disputes arising from the contract. Certiorari to the united states court of appeals for the ninth circuit syllabus. In this admiralty case we primarily consider whether the united states court of appeals for the ninth circuit correctly refused to enforce a forum selection clause contained in tickets issued by petitioner carnival cruise lines, inc. Forumselection clauses forcing individuals to agree to submit to jurisdiction in a particular place are enforceable so long as they pass the test.
Lerner v karageorgis56 ad3d at 120 lines, 66 ny2d 479, 484485 1985. Shute1 handily wins the honor as the worst nonobvious, nonconstitutional supreme court decision ever. The shutes bought cruise tickets through a travel agent in washington. On the ticket, there was a forum selection clause that said any litigation related to the cruise must be tried in florida. Sep 18, 20 the cruise ship way carnival cruise lines, inc. Supreme court holds forum selection clauses are generally enforceable. Carnival cruise lines inc v shute brief free download at. Carnival does not offer any alternatives from the established shore excursion program.
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