Harrisson v. NCL (Bahamas) Ltd.
Plaintiff, a former seaman employee of defendant, was injured on the job and sued defendant in Florida state court claiming that defendant was negligent under the Jones Act, 46 U.S.C. 30104, and failed to provide maintenance and care as required by U.S. maritime law. Defendant, noting that plaintiff's employment contract required the parties to submit disputes to arbitration, removed the case to federal district court under 9 U.S.C. 205. After the removal, the district court in a single order denied defendant's motion to enforce the arbitration clause on the basis that the arbitration clause was void under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention) for violating public policy and remanded the matter back to state court. Defendant appealed this order. Plaintiff moved to dismiss the appeal and argued that by concluding that the arbitration clause was null and void, there was no longer a basis for jurisdiction. The district court dismissed the case for lack of subject-matter jurisdiction and the court subsequently granted plaintiff's motion to dismiss defendant's appeal for lack of jurisdiction. View "Harrisson v. NCL (Bahamas) Ltd." on Justia Law