The court prefaces its legal analysis with a factual statement that implies that a purchaser of a carnival cruise lines passenger ticket is fully and fairly notified about the existence of the choice of forum clause in the fine print on the back of the ticket. The dreams, schemes, and showdowns that built americas cruise ship. The supreme court has now held that the business activities of the cruise line in the state of washington permits the assertion of jurisdiction. Carnival cruise lines v shute et vir case study example. Supreme court cases, a collaborative effort to improve articles related to supreme court cases and the supreme court.
In the courts order dated august 3, 1999, this court performed a detailed analysis of the forum selection clause borne by plaintiffs tickets in light of carnival cruise lines, inc. Carnival cruise line is an international cruise line with headquarters in doral, florida. The case then returned to the ninth circuit, which issued a revised version of its earlier opinion, holding once again that jurisdiction was present and that the forumselection clause was unenforceable. S department of homeland security dhs requires carnival cruise line to submit a final departure manifest with specific guest information at least 60 minutes prior to departure.
On the ticket, there was a forum selection clause that said any litigation related to the cruise must be tried in florida. Justice blackmun delivered the opinion of the court. Shutes, through arlington, wa travel agent, purchased 7day cruise on carnival ship named tropicale shutes paid agent for tickets, agent forwarded pymt to c. The washington supreme court, in turn, held that jurisdiction over defendant existed under washingtons long arm statute, see shute v. The case of carnival cruise lines chronicles the companys birth and development as it redefined the leisure cruise industry. Shute audio transcription for opinion announcement april 17, 1991 in carnival cruise lines, inc. Justice stevens, with whom justice marshall joins, dissenting. 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. Since a cruise ship passenger is otherwise competent to contract away that choice of forum see carnival cruise lines, inc. The links below will supply you with important information on the carnival embarkation process.
The documentation is required at embarkation and throughout the cruise and is the responsibility of the. Shutes o assented to the provisions of the contract of the forumselection. Its logo is the funnel like the funnels found on its ships, with red, white and blue colors. It details the battles of the founders of 3 of the 4 major cruise lines as well as a great deal of information about the industry in general including a lot on the port of miami. Jan 10, 2017 taxes are always disclosed and paid along with your cruise. Carnival cruise lines case solution and analysis, hbr case. Forumselection clauses and the privitization of procedure. The dreams, schemes, and showdowns that built americas cruise ship empires garin, kristoffer a. 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.
With every major cruise line you will pay extra for things such as soda, internet, phone, spa, as well as specialty restaurants and misc other costs. I love business biographies and this one is a pretty good one on the cruise ship industry up until 2004 which is when the book was written. Find great deals and specials on caribbean, the bahamas, alaska, and mexico cruises. The shutes bought cruise tickets through a travel agent in washington. Our partners travel agencies and cruise lines provide prices, which we list for our users convenience. The contract which was attached to the ticket stated that the forum for litigation would be florida. Knapp being no expert in the niceties of constitutional law, my first impulse was.
But this is all disclosed to you when you book a cruise as well as when you are filling out the checkin paperwork. Shute fell during a tour of the ship and the shutes sued carnival for damages in district court in washington. The boat was in international waters off the coast of mexico at the time of the incident. The tickets came with a contract that required all disputes to be settled in. Shute to litigate her claim, if at all, in florida. A brief hornbook primer on contract unconscionability, or. 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. A group of disabled people who travelled on norwegian cruise line ships sued the company in federal district court and alleged two of its ships did not conform with title iii of the americans with disabilities act.
Appellees purchased tickets for a cruise on one of the petitioners ships from a travel agent in. While prices are updated daily, please check with the booking site for the exact amount. 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. Shute,6 forum clauses are not without their inadequacies. Oct 16, 2002 the district court noted that it would likely enforce the forum selection clause under the principles articulated by the supreme court in carnival cruise lines v.
With a theme of fun ships and low pricing, carnival appealed. Such clauses provide that the litigation of any dispute arising out of the agreement shall be initiated exclusively in the. Forum selection clauses in form ticket contracts are enforceable unless a clause eradicates the carriers liability completely or prevents a claimant from having a. 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. 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.
Uncertainty requires an indepth inquiry into forumselection clause enforceability issues, 17 brooklyn j. Carnival is ranked first on the list of largest cruise lines based on passengers carried annually and total number of ships in fleet. Carnival cruise deals and cruise packages to the most popular destinations. The agent then forwarded the money to florida where carnival was based. Forum selection clauses contained in form passage contracts are subject to judicial scrutiny for fundamental fairness.
Sep 18, 20 the cruise ship way carnival cruise lines, inc. Forumselection clauses forcing individuals to agree to submit to jurisdiction in a particular place. Civil procedure 109 consent as a substitute for power carnival cruise lines, inc. Of washington claiming injuries caused by negligence on carnival s part the court says that the ticket contract was a routine commercial passage. The limited liability acts, sections 183b and c which is cited in the briefs, provides that ticket conditions cannot disclaim liability for negligence. Shute3 upheld the validity of the clause, requiring mrs.
Shute from acct 5314 at houston baptist university. The tickets contained language stating that the tickets were subject to the conditions of the contract, which contained a forum selection clause. Carnival objected, pointing to language in their standard ticket form stating that any lawsuits arising out of the cruise. 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. 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. Last term, the supreme court in carnival cruise lines, inc. She brought a personal injury claim in washington, where she was a resident. The issue is whether or not the forum selection clause is enforceable, as contained in the passage contract ticket of carnival cruise lines. Browse over 39 expert photos and member pictures of the carnival victory cruise ship. 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.
The court concluded that plaintiffs other arguments notwithstanding, the. If you are still unable to find what you are looking for, please contact us, and a carnival. The ticket that the shutes purchased contained a clause that all disputes arising from the contract would be settled in a court in the state of florida, to the exclusion of all other courts. The right amount of information, includes the facts, issues, rule of law, holding and reasoning. With respect to whether disembarking and reboarding at a layover port constitute triggering events under the hmt, the court upheld customs position on that issue based on this courts earlier decision in princess cruises, inc. She and her husband then sued the carnival cruise line. For international cruises to destinations such as the pacific islands, new zealand, hawaii, singapore. Certification from the united states court of appeals for the ninth circuit in eulala shute, et al, appellants, v.
Carnival cruise lines and contractual personal jurisdiction. Carnival petitions this court for writs of mandate directing the trial court to vacate its orders denying their motions to dismiss or stay in williams v. If you booked your cruise with a travel agent and need to make a price protection claim, simply contact your travel agent and they will submit it for you. Carnival moved to dismiss citing the forum selection clause, and asserted a lack of personal jurisdiction in washington. Citizens carnival requires guests to provide proper travel documentation in order to travel. Certiorari to the united states court of appeals for the ninth circuit 586 richard k. This article is reprinted with permission from nevada law journal and university of nevada, las vegas. Appellees eulala and russel shute, purchased tickets to take a cruise on a vessel owned by appellant carnival cruise lines, inc. The nevada law journal is a legal scholarship publication run by unlv law school students, dedicated to providing law and policy analysis. Facts 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. Also as in shute, we further reasoned that an independent, alternative basis for holding the forumselection clause to be unenforceable is our conclusion that enforcement of the clause would be so gravely difficult and inconvenient that the plaintiffs would for all. Carnival cruise lines inc v shute brief free downloads, list 1 download carnival cruise lines inc v shute brief software.
A summary and case brief of carnival cruise lines, inc. Shuts wife injured on the ship and bring suit in usdc for western dist. Audio transcription for oral argument january 15, 1991 in carnival cruise lines, inc. I agree that interconnect gmbh, as general representative of carnival cruise line, may save and use my data for sending newsletters.
In the contract on the ticket it said all disputes will be litigated in florida. Eulala shute and russel shute, plaintiffsappellants, v. Does the longshore and harbor workers compensation act allow a party to seek modification of a disability award on the ground of change in conditions, when there has been no change in the employees physical condition but rather an increase in the employees wageearning capacity due to the acquisition of new skills. Strengths and weaknesses of carnival cruise lines case. Carnival wants to make boarding your fun ship cruise as easy as possible. Introduction forum selection clauses have become common additions to business agreements and play an important role in those agreements. The ticket that the shutes purchased contained a clause that all disputes arising from the contract would be settled in a court in the state of florida, to the.
Findlaw justia library of congress oyez oral argument audio. The plaintiffs, eulala and russel shute, were passengers on a cruise ship. Carnival cruise lines carnival had successfully used the mass market cruise customers, who were the first time visitors instead of emphasizing on the repeat customers as the market and size of new visitors was larger than the old visitors. Lower court united states court of appeals for the ninth circuit.
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