Another cruise passenger tries, but fails to get out from federal court jurisdiction in DeRoy v. Carnival Corp., No. 18-12619 (June 30, 2020), appealing the decision at No. 1:18-cv-20653-UU. After injuring her foot on a rug while onboard a Carnival ship, the plaintiff filed suit against Carnival in both state and federal court, seeking damages for the injuries she allegedly suffered onboard the ship. In this case, the plaintiff entered into a contract with Carnival that contained a forum-selection clause.
Under the forum-selection clause's plain language, when jurisdiction for a claim could lie in federal district court, federal court is the only option for a plaintiff under the contract. The court held that plaintiff's claim for negligence at sea falls well within the walls of the federal court's admiralty jurisdiction. Even without explicitly invoking admiralty jurisdiction, the court held that plaintiff's complaint is subject to Federal Rule of Civil Procedure 9(h)'s provision rendering her claim an admiralty or maritime claim.
The case is amusing in that it starts off explaining the background of the “loophole” and the fact that the plaintiff could not assert a loophole in the contract, allowing her to “get through the castle walls” to allege she could bring her claim in state court. It is a well written decision that explains why the court retains subject matter jurisdiction in these circumstances.
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