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. Civil procedure case briefs add comment8 faultcode 403 faultstring incorrect username or password. In this piece, i will confine myself to considering the contract law ramifi cations of the decision. This article is reprinted with permission from nevada law journal and university of nevada, las vegas. Shute,6 forum clauses are not without their inadequacies. A summary and case brief of carnival cruise lines, inc. Shute1 handily wins the honor as the worst nonobvious, nonconstitutional supreme court decision ever. The supreme court has now held that the business activities of the cruise line in the state of washington permits the assertion of jurisdiction. 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. Criminal law and constitutional law currently have the most case briefs available. The shutes bought cruise tickets through a travel agent in washington. Spring 2018 semester for case brief summary submissions. Court of appeals refuses to enforce the forum selection clause for public policy reasons.
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 florida. Find great deals and specials on caribbean, the bahamas, alaska, and mexico cruises. I agree that interconnect gmbh, as general representative of carnival cruise line, may save and use my data for sending newsletters. Shute clause limiting jurisdiction on back of ticket for 7day cruise if offerees are given express notice regarding a forum provision clause prior to performance of the contract adequate notice. The tickets contained language stating that the tickets were subject to the conditions of the contract, which contained a forum selection clause. Admiralty law applies when a personal injury occurs on a cruise ship and a dispute arises between the injured passenger and the cruise ship company. Shutes o assented to the provisions of the contract of the forumselection. The plaintiffs, eulala and russel shute, were passengers on a cruise ship operated by the defendant, carnival cruise lines, inc.
Shute audio transcription for opinion announcement april 17, 1991 in carnival cruise lines, inc. You can also see case briefs displayed by categories. 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. The paper carnival cruise lines v shute et vir case is a brilliant example of a case study on law. Carnival cruise deals and cruise packages to the most popular destinations. 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. Audio transcription for oral argument january 15, 1991 in carnival cruise lines, inc. The court concluded that plaintiffs other arguments notwithstanding, the. Brief assignment example topics and well written essays. Certiorari to the united states court of appeals for the ninth circuit 586 richard k. Legalnook provides free outlines and case briefs for law school students. Behind respondents shute washington state couple bought passage on ship on by a petitioner, then a florida founded cruise line petitioner hurled them tickets containing a clause assigning courts in florida to stick the agreement to the solution of the. Issue the issue is whether or not the forum selection clause in. Appellees eulala and russel shute, purchased tickets to take a cruise on a vessel owned by appellant carnival cruise lines, inc.
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. 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. Carnival appeals on personal jurisdiction ground saying that the suit could only be brought in florida due to consent by the plaintiffs forum selection clause. Shutes sue carnival cruise line for injury claim in washington. 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. Our website is a unique platform where students can share their papers in a matter of giving an example of the work to be done. Strengths and weaknesses of carnival cruise lines case. Take your summer vacation to a new level with these fantastic sailings shop cruises where to go.
Carnival objected, pointing to language in their standard ticket form stating that any lawsuits arising out of the cruise. 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. The limited liability acts, sections 183b and c which is cited in the briefs, provides that ticket conditions cannot disclaim liability for negligence. Civil procedure 109 consent as a substitute for power carnival cruise lines, inc. The agent then forwarded the money to florida where carnival was based. The boat was in international waters off the coast of mexico at the time of the incident. Civil procedure cases and rules flashcards quizlet. Mullenix hands down incontestably, carnival cruise lines, inc.
The contract which was attached to the ticket stated that the forum for litigation would be florida. The shutes, through a washington travel agent, booked a cruise with carnival. Carnival cruise lines case solution and analysis, hbr case. Barryster2010 case briefs, outlines and legal news. Only after purchasing their tickets from the travel agent did the shutes receive paper tickets containing a form contract with a forum selection clause requiring all disputes to be brought in florida. Knight court of common pleas of lycoming county pennsylvania, 11 pa. The case of carnival cruise lines chronicles the companys birth and development as it redefined the leisure cruise industry. 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. Carnival cruise lines inc v shute brief free downloads, list 1 download carnival cruise lines inc v shute brief software. Forum selection clauses contained in form passage contracts are subject to judicial scrutiny for fundamental fairness.
Shute from acct 5314 at houston baptist university. She and her husband then sued the carnival cruise line, alleging. Factual background 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. Sep 18, 20 the cruise ship way carnival cruise lines, inc. On the ticket, there was a forum selection clause that said any litigation related to the cruise must be tried in florida. 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.
Uncertainty requires an indepth inquiry into forumselection clause enforceability issues, 17 brooklyn j. Shutes, through arlington, wa travel agent, purchased 7day cruise on carnival ship named tropicale shutes paid agent for tickets, agent forwarded pymt to c. On the back of the tickets was a forumselection clause, stating. Shute purchased passage for a seven day cruise on the tropicale, through a washington travel. The shutes are residents of the state of washington and the back of the ticket it states that the person who accepts the ticket is agreeing to have all matters litigated in the state of florida. The shutes paid the fare to the agent, who forwarded the payment to carnival s headquarters.
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. 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. This is a case brief for carnival cruise lines, inc. The titanic of worst decisions, nevada law journal. Carnival cruise lines case study example topics and well. Appellees purchased tickets for a cruise on one of the petitioners ships from a travel agent in. 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. The washington supreme court, in turn, held that jurisdiction over defendant existed under washingtons long arm statute, see shute v. Eulala and russel shute plaintiffs purchased tickets through a travel agent in washington state for a cruise operated by carnival cruise lines, inc. The issue is whether or not the forum selection clause is enforceable, as contained in the passage contract ticket of carnival cruise lines. 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 shute s paid the fare to the travel agent who forwarded the payment to carnival cruise. 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 shutes had purchased carnival cruise tickets in washington through a travel agent. When receiving the tickets, the terms and conditions stated that all litigation would be before a court in florida.
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