April 29, 2011
Ricardo Maxwell v. NCL (Bahammas) Ltd.
Order Granting Motion for Remand
In this case against NCL, the Defendant cruise line removed this seaman’s case from state court to federal court on the basis of an arbitration provision contained in the seaman’s collective bargaining agreement and employment contract. The Plaintiff filed a motion to remand the case to state court, arguing that the arbitration provision was null and void and that the Plaintiff’s Jones Act claim precluded the case from being removed to federal court. In this order the Honorable Judge Cook of the Southern District of Florida ruled that the arbitration clause was void as against public policy and that the case therefore should be remanded to state court. This order will help to preserve our clients right to a jury trial in the United States.